Federal Court of Australia
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Repatriation - war widow's pension - death of former member of Armed Forces from motor neurone disease - aetiology of disease unknown - whether death arose out of or was attributable to war service - onus of proof - real or rational possibility of relationship between war service and death - effect of decision of single
Judge on Tribunal
Repatriation Act 1920 s.107VZZH
REPATRIATION COMMISSION v. BETTY EVELYN COMPTON
No. WAG 49 of 1983
Toohey J. Perth
20 February 1984
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 49 of 1983
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BETWEEN:
THE REPATRIATION COMMISSION
Applicant
and
BETIY EVELYN COMPTON
Respondent QO R D E R
JUDGE MAKING ORDER 3 Toohey J. DATE OF ORDER 3 20 February 1984 WHERE MADE 3 Perth THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The decision of the Repatriation Review
Tribunal qiven on 24 August 1983 be set aside.
3. The respondent's claim be remitted to the Tribunal for determination in accordance with
these reasons.
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There be liberty to the parties to apply as to
the costs of the appeal.
IN THE FEDEPAL COURT i OF AUSTRALIA , WESTERN AUSTRALIA ' DISTRICT PEGISTRY ! GENEPAL DIVISION
flo. WAG 49 of 1983
BETWEEN:
THE REPATRIATION COMMISSION
Applicant
and
BETTY EVELYN COMPTON
Respondent
CORAM : TOOHEY J.
20 February 1984
REASONS FOR JUDGMENT
The operation of certain provisions of the Repatriation
Act 1920 continues to give rise to difficulties.
This appeal concerns the entitlement to a pension under
Division 1 of Part III of the Act of Betty Evelyn Compton, the
respondent. Mrs. Compton's husband, Cecil Frank Compton, who was
a member of the Forces as that term is defined in the Act, died on
15 April 1982.
A medical report, furnished by Dr. A. J. Berman pursuant to s.48 of the Act, identified as Mr. Compton's cause of death
motor neurone disease. According to Dr. Berman:
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