Repatriation Commission v Walker, Pearl [1984] FCA 77

CATCHWORES

Repatriation - war widow's pension - aeath of former nemper of Armed Forces from carcinoma and chronic opstructive alrways disease - aetiology of disease unknown - whether death attributable to war service - onus of proof - degree

of proof required to establish entitlement to pension where

cause of disease unknown

Repatriation Act 1320, ss.107VC(1), l1O7VH(2), LO7VK(3), LO7V2ZZH( 1), 107V22ZK(2)

REPATRIATION COMMISSION v. PEARL WALKER

No. G 238 of 1983

Morling J. 4 April 1984,

Sydney

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

No. G 238 cf 1983

GENERAL DIVISION

JUDGE MAKING ORDER DATE OF ORDER

WHERE MADE

BETWEEN : REPATRIATION COMMISSION Applicant AND: PEARL WALKER Respondent ORDER : Morling J.

4 April 1984

: Sydney

THE COURT ORDERS THAT:

The appeal be allowed.

The decision of the Repatriation Review Tribunal given 5 July 1983 be set aside.

The respondent's claim be remitted to the

Tribunal for determination in accordance with these reasons.

The Commonwealth pay the respondent's costs of the appeal in accordance with the provisions of s.107VZZK(2).

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IN THE FEDERAL COUPT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 238 or 1983

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GENERAL DIVISION

BETWEEN : REPATRIATION COMMISSION Applicant AND: PEARL WALKER Respondent MORLING J. 4 April 1984

REASONS FOR JUDGMENT

This 1S an appeal pursuant to s.107VZ2H(1) of the Repatriation Act 1920, as amended, ("the Act") from a decision of the Repatriation Review Tribunal ("the Tribunal"). Such an appeal may be brought only on a question of law. On 5 July 1983 the Tribunal made a decision that pursuant to s.101 of the Act the Commonwealth was liable to pay to Mrs Pearl Walker, the widow of Francis William Walker, a pension in accordance with Division I of