Federal Court of Australia
CATCHHMORDS
ADMINISTRATIVE LAW -~ Whether it was open to the
Repatriation Review Tribunal on the evidence before it to be satisfied beyond reasonable doubt that there was no nexus between the deceased's war service and his
death.
Repatriation Act 1920 ss. 107VC, 107VM, 107V2ZH.
Federal Court of Australia Act 1976 ss. 19, 20.
ROSE V. THE REPATRIATION COMMISSION
No. G118 of 1982
CORAM: LOCKHART, MORLING & NEAVES JJ. BRISBANE 5 AUGUST 1983
IN THE FEDERAL COURT OF AUSTRALTA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
No. G118 of 1982
ee nee re)
BETWEEN: HARRIET JEAN ROSE
Appellant AND: THE REPATRIATION COMMISSION Respondent ORDER JUDGES MAKING ORDER: Lockhart, Morling & Neaves Jd. DATE OF ORDER: 5 August, 1983 WHERE MADE: Brisbane THE COURT ORDERS THAT: - 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of
the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT RECISTRY ) No. G118 of 1982 ) GENERAL DIVISTON )
BETWEEN: HARRIET JEAN POSE
Appellant
AND: THE REPATRIATION COMMISSTON
Resrondent
CORAM: Lockhart. Morling & Neaves Jd.
5 August, 1983
REASONS FOR JUDGMENT
THE COURT: This appeal is from part of the judgment of a single Judge of this Court (Fitzgerald J.) by which his Honour ordered that the matter before him be remitted to the Repatriation Review Tribunal ("the Tribunal") to be determined by it according to law after the hearing of
appropriate further evidence.
The appellant appealed to this Court on a question
of law pursuant to s. 107VZZH of the Repatriation Act 1920
("the Act") from a decision of the Tribunal. The matter was
within the original jurisdiction of the Court and the
jurisdiction was exercisable by a single judge: Federal
Court of Australia Act 1976 sub-ss. 19(2) and 20(1).
The facts are not in dispute. They may be briefly stated and are taken essentially from the judgment of
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