Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beezley v Repatriation Commission [2015] FCAFC 165 Citation: Beezley v Repatriation Commission [2015] FCAFC 165
Appeal from: Beezley v Repatriation Commission [2015] FCA 78
Parties: JOHN BEEZLEY v REPATRIATION COMMISSION
File number: VID 99 of 2015
Judges: NORTH, TRACEY AND MORTIMER JJ
Date of judgment: 20 November 2015
Catchwords: DEFENCE AND WAR – whether Tribunal erred in finding the appellant did not satisfy s 24(2A) of the Veterans' Entitlements Act 1986 (Cth) on the basis "remunerative work" or "last paid work" was not performed after turning 65 – grounds dismissed given no challenge to the finding the appellant was not prevented from undertaking remunerative work by war-caused injury or disease "alone" – whether Tribunal erred by imposing an onus of proof on the appellant – appeal dismissed PRACTICE AND PROCEDURE – disregard of appellate case management processes – relevant considerations where appellant seeks to raise fresh arguments on appeal
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Corporations Act 2001 (Cth) ss 530A(2), 530A(3) Federal Court of Australia Act 1976 (Cth) s 37M Veterans' Entitlements Act 1986 (Cth) ss 5Q, 15, 24, 24(1)(c), 24(2A), 120
Cases cited: AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; 225 CLR 88 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCAFC 81; 289 ALR 237 Grant v Repatriation Commission [1999] FCA 1047 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 322 ALR 254 Maurici v Chief Commissioner of State Revenue [2003] HCA 8; 212 CLR 111 McDonald v Director-General of Social Security [1984] FCA 59; 1 FCR 354 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Ethnic Affairs v Pochi [1980] FCA 85; 44 FLR 41 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Peacock v Repatriation Commission [2007] FCAFC 156; 161 FCR 256 Repatriation Commission v Richmond [2014] FCAFC 124; 226 FCR 21 Repatriation Commission v Watkins [2015] FCAFC 10; 228 FCR 573 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 Ward v Western Australia [1996] FCA 1452; 69 FCR 208 Watkins v Repatriation Commission [2014] FCA 787; 142 ALD 106
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