Federal Court of Australia
CATCHWORDS
Veterans' affairs - disability pension ~ application for special rate - veteran suffered from disabilities accepted as war~-caused - veteran retired in 1978 from employment with Australia Post (at age 56) on invalidity grounds - s.20 Veterans' Entitlements Act 1986 ("the Act") - s.24(1)(c) of the Act in issue - whether criteria set out in s.24 of the Act to be considered as at date of application rather than as at date of retirement - application made before attainment of retirement age - presumption of continuance of employment until attainment of retirement age applicable to criteria in s.24(1)(c) of the Act - veteran's position from date of attainment of 65 years to present date to be considered separately - whether eligibility for special rate depends upon existence of continuing economic loss - interpretation of s.120(4) of the Act (standard of proof) - ss.33(1)(c), 44(1) Administrative Appeals Tribunal Act 1975.
WILLIAM GORDON MCGUIRE v. REPATRIATION COMMISSION
No. T6 of 1987
Northrop, Beaumont and Spender JJ. Sydney
10 ~=aAugust 1987
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IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANIA DISTRICT REGISTRY ) No. T6 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT R.C. JENNINGS 9.C. AND DR. W. MCLAREN THOMSON
(MEMBER) BETWEEN : WILLIAM GORDON McGUIRE Applicant AND: REPATRIATION COMMISSION Respondent
MINUTES OF ORDER
Court: Northrop, Beaumont and Spender JJ. Date order made: 10 August 1987 Where made: Sydney
THE COURT ORDERS:
1. The appeal is allowed with costs.
2. The claim for a pension at the special rate be remitted to the Tribunal for a further hearing with evidence.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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