Federal Court of Australia
Caen
CATCHWORDS
REPATRIATION - pension payable to dependants - death of former
member of the Forces from chronic myeloid leukaemia - aetiology of leukaemia unknown - whether leukaemia "connected with" war service ~ medical evidence deficient - power of Tribunal to
insist that further material be provided - error of law,
Repatriation Act 1920, ss. 47(2), 101, 1O7VH(2), 107VZ, LO7VEZK (2)
REPATRIATION COMMISSION v. PAMELA WILLIAMS
(Q1d G127 of 1983)
FITZGERALD J. BRISBANE 30 MARCH 1984
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD 127 of 1983
GEWERAL DIVISTON )
BETWEEN : REPATRIATION COMMISSION
Applicant
PAMELA WILLIAMS
Respondent
ORDER
JUDGE MAKING ORDER: FITZGERALD J.
DATE OF ORDER: 30 MAPCH 1984 WHERE MADE: BRISBAN™ THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The decision of the Repatriation Review Tribunal given on 29 June 1983 be set aside.
3. The matter be remitted to the Tribunal to be determined according to the law after
the hearing of appropriate further evidence.
4. The Repatriation Commission pay to the respondent her costs in connection with the appeal to be taxed if not agreed upon.
IN THE FEDERAL COURT OF AUSTRALTA ) QUEENSLAND DISTRICT REGISTRY } OLD 127 of 1983 GENERAL DIVISION }
BETWEEN :
PEPATRIATION COMMISSION
Apolicant AND: PAMELA WILLIAMS Respondent FITZGERALD J. 39 MARCH 1984
REASONS FOR JUDGMENT
The Repatriation Commission has appealed from a decision
of the Repatriation Review Tribunal given on 2% dune 1983. The Tribunal set aside a decision of a delegate of the Commission made on 5 August 1982 affirming an earlier decision of the Commigzsion to vceject the respondent's claim for a pension under
the Repatriation Act 1920 ("the Act"). The Tribunal substituted
a decision that the Commonwealth is liable pursuant to 5.101 of the Act to pay to the dependants of Vivian Oliver Williams the pension payable in accordance with Divasion 1 of Part III of the Act in the case of the death of a member of the Forces with
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