Federal Court of Australia
CATCHWORDS Repatriation - entitlement to pension - incapacity - onus of proof - standard of proof - expert evidence ~ report of medical practitioner - admissibility of medical evidence led
in other matters.
Repatriation (Special Overseas Service) Act 1962 s.6 Repatriation Act 1920 ss.48, 107 VH
REPATRIATION COMMISSION v. LAURENCE TREVOR EVANS
Vv. No. G139 of 1983
Northrop J. 21 December 1983
Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. G.139 of 1983
wees ww
GENERAL DIVISION
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL CONSTITUTED BY MESSRS. CAMPBELL, MOLLER AND HARRIS
BETWEEN: REPATRIATION COMMISSION Applicant and LAURENCE TREVOR EVANS Respondent CORAM: Northrop J. DATE: 21 December 1983 WHERE MADE: Melbourne ORDER
The Court orders that the decision of the Repatriation Review
Tribunal of 31 May 1983 be set aside and that the matter be remitted to the Tribunal to be heard and determined according to law after the hearing of any further evidence the Tribunal
in its discretion sees fit to receive.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. G.139 of 1983 ) )
GENERAL DIVISION
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL CONSTITUTED BY MESSRS. CAMPBELL, MOLLER AND HARRIS
BETWEEN: REPATRIATION COMMISSION Applicant and LAURENCE TREVOR EVANS Respondent NORTHROP J. REASONS FOR JUDGMENT 21 DECEMBER 1983
In this matter, the Commission appeals on a question of law from a decision of the Repatriation Review Tribunal, 'the Tribunal', made on 31 May 1983 wherein the
Tribunal decided:
"that the decision made by the Repatriation Commission on 19 March, 1982, be set aside and for it is substituted the decision that the incapacity of the applicant from Teratoma of Right Testis is accepted as being related to his eligible period of service pursuant to Section 6 of the Repatriation (Special Overseas Service) Act 1962 and the Commonwealth of Australia is liable to pay the pensions payable in accordance with that Act."
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