Federal Court of Australia
CATCHWORDS
Veterans' affairs - Disability pension - application for special rate - veteran had disabilities accepted as war-caused including periarthritis and spondylolisthesis - veteran in effect forced to retire from employment with Hobart Marine Board at age 63 because of war-caused disabilities - s.20 Veterans' Entitlements Act 1986 ("the Act") - s.24(1)(c) of the Act in contention - 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 - whether eligibility for special rate depends upon existence of
continuing economic loss - interpretation of s.120(4) of the Act (standard of proof) - appropriateness of Tribunal taking 'official notice' of relevant facts - ss.33(1} (c), 44(1)
Administrative Appeals Tribunal Act 1975.
REPATRIATION COMMISSION v. MAXWELL J. SMITH
No. T5 of 1987
Northrop, Beaumont and Spender JJ. Sydney
10 August 1987
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IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANIA DISTRICT REGISTRY ) No. T5 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT R.C. JENNINGS QO.C.
BETWEEN: REPATRIATION COMMISSION Applicant AND: MAXWELL J. SMITH Respondent
MINUTES OF ORDER
Court: Northrop, Beaumont and Spender JJ. Date orders made: 10 = August 1987 Where made: Sydney
THE COURT ORDERS:
1. The appeal be allowed with costs.
2. The Tribunal's decision be set aside and the matter remitted to the Tribunal to be heard and decided again with the hearing of further evidence.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T. No. G5 of 1987
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GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY
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