Federal Court of Australia
JUDGES CHAMBERS FEDERAL COURT OF AUSTRALIA
CATCHWORDS
War Pension - Partial physical incapavity - Inability to earn a living wage - Obligation of Repatzialion Review Tribunal to consider applicant's claim - Obligation to state reasons for its decision and any findings of fact -
Failure to state all reasons.
Appeal - Appeal from Repatriation Review Tribunal ona question of law - whether Tribunal entitled to decide in accordance with"equity and good conscience" - meaning of "Substantial justice and the m2i1its" - Wnether Tribunal bound to comply with provisior of Repatriation Act -
Whether appeal lies where reasons for Tribunal''s decision are not stated. Repatriation Act. 1920 ss.27, 35, 101, 107VG,
107VH, 107VK, 107VZZB, 107VZZG, 1O07VZ2H, Schedules 1 and 2.
RONALD NORMAN COLLINS v THE REPATRIATION COMMISSION
No. S.A. Gll of 19380
Coram: Fasher J.
Adelaide
17 September 1989
IN THE FEDERAL COURT OF AUSTRALIA
)
) SOUTH AUSTRALIA DISTRICT REGISTRY ) No, G.i1 of 1290 SOUTH AvstRaui' '
)
GENERAL DIVISION
ON APPEAL FROM (HE REPATRIATION REVIEW TRIBUNAL
BETWEEN:
RONALD NORMAN COLLINS Applicant
- and -
THE REPATRIATION COMMISSION
Respondent
ORDER JUDGE MAKING ORDER: FISHER J. DATE OF ORDER: 17 SEPTEMBER 194') WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. This matter be remitted to the Repatriation Review Tribunal for further hearing in the light of this decision, with the hearing of such evidence, 1f any, aS may be presented to the Trabunal.
3. The respondent pay to the applicant his costs of this appeal.
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. Gll of 1989
) GENERAL DIVISION )
REVIEW TRIBUNAL
ON APPEAL FROM 'IIHTE REPATRIATION
RONALD NORMAN COLLINS Applicant - and -
THE REPATRIATION COMMISSION
Respondent
REASONS FOR JUDGMENT
FISHER J.: Ronald Nomnan Collins ("the applicant") is a "Member of the Forces" within the meaning of s.100 of the Repatriation Act 1920 ("the Act") having served on war service with the Royal Australian Air Force during World War II from 25 May 1943 until
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate