Federal Court of Australia
CATCHWORDS
Repatriation - War widow's pension - Death of former member
of Armed Forces from carcinoma - aetiology of disease unknown
- whether death arose out of or was attributable to war service ~- Construction and operation of ss.47(2) and 107VH - Question of fact - Evidence of expert witnesses not fanciful - Claim for pension lodged in 1976 - Request for review of Commissioner's decision in 1981 to refuse claim ~ Relevant date upon which Commonwealth's liability to pay pension arose - meaning of
"relevant claim for pension" in s.107VZG(1) (d).
Repatriation Act 1920 ss.24(1), 24AA, 31, 101(1), 107VC,
107VL, 10ZVzZG(1) (a), 107VZ22H.
The Repatriation Commission v Doris Ruby Morcombe
No. WA.G 22 of 1983
Beaumont, J. Sydney
19 September 1983
IN THE FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION No. W.A.G 22 of 1983
ON APPEAL from the Repatriation Review Tribunal constituted by R.P. HASSALL, D.M. TEHAN and S. McL. HARRIS
BETWEEN THE REPATRIATION COMMISSION Applicant AND DORIS RUBY MORCOMBE Respondent ORDER Judge making order: Beaumont, J. Date order made: 2 September, 1983. Where made: Sydney
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The cross-appeal is allowed. 3. The decision of the Repatriation Review Tribunal
given on 17 March, 1983 is varied so that it is expressed to operate from 13 December, 1975.
4. The appellant pay the respondent's costs of the appeal and of the cross-appeal in accordance with the
provisions of s.107VZ2K.
5. 19 September, 1983 is fixed as the date within 21 days after which any notice of appeal shall be filed and
served for the purposes of Order 52 Rule 15 (1) (a) (212).
IN THE FEDERAL COURT OF AUSTRALTA
} } WESTERN AUSTRALIA DISTRICT REGISTRY ) No. W.A. G22 of 1983 ) )
GENERAL DIVISION
ON APPEAL from the Repatriation Review Tribunal constituted by R.P. HASSALL, D.M. TEHAN and
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