Federal Court of Australia
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© JUDGMENT No. 5217.81.
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CATCHWORDS SOCTAL SECURITY BENEFITS - Veterans' Entitlements Act 1986 - entitlement to special rate of pension - incapacity from war-caused iniury or war-caused disease - consequent inability to undertake substantial remunerative work - consequent loss of
salary or wages - whether "remunerative work" in s.24(1)(c) of the Veterans' Entitlements Act 1986 refers only to last remunerative work undertaken.
Veterans' Entitlements Act 1986 ss.24(1),24(2).
Banovich v. Repatriation Commission (1986) 69 A.L.R. 395 Repatriation Commission v. Smith (unreported, judgment
LO Auqust 1987) Repatriation Commission v. Wright (unreported. judgment
10 August 1987)
McGuire v. Repatriation Commission (unreported, judgment 10 Auqust 1987)
Re Repatriation Commission & McCartnev (1986) 9 A.L.D. 441
JQSEPH FREDERICK STARCEVICH v. REPATRIATION COMMISSTON
NO. WAG 94 OF 1986
CORAM: FOX, JENKINSON AND NEAVES JJ.
6 OCTOBER 1987 SYDNEY
= 6.0CT 1987
FEDERAL GouRT O| AUSTRALIA| ~~
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALTA
DISTRICT REGISTRY
GENERAL DIVISTON
) ) } ) NO. WAG 94 OF 1986 ,) ) )
ON APPEAL from the Veterans' Affairs Division of the Administrative Appeals Tribunal constituted bv Deputy President R.D.Nichoison; Dr.N.Marinovich, Member; and Dr.P.A. Staer, Member
BETWEEN :
JOSEPH FREDERICK STARCEVICH Applicant
AND:
REPATRIATION COMMISSTON
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER: FOX. JENKINSON AND NEAVES JJ.
DATE OF ORDER:
6 OCTOBER 1987
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
The appeal be allowed with costs.
The decision of the Administrative Appeais Tribunal (Veterans' Affairs Division) and the decision under review by it be set aside and in lieu thereof order that the respondent increase the applicant's pension to the special rate of pension.
The parties bring in short minutes dealing with the date of commencement of the pension and any other relevant matters. If agreed, these can be presented, duly signed, to the associate of the presiding judge and if concurred in bv the judges, and subject to any formal
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