Williams, D.G. v Repatriation Commission [1988] FCA 428

rt

JUDGMENT to. 4287.88...

CATCHWORDS

VETERANS' AFFAIRS - disability pension - Guide to the Assessment of Rates of Veterans' Pensions - whether rates for special disabilities in Table 1 can be built upon for other disabilities - whether transitional provisions prevent the

reduction of a pension rate by the Administrative Appeals

Tribunal.

Veterans' Entitlements Act 1986 ss.29,157(2), 177(2)

Veterans' Entitlements (Transitional Provisions and

Consequential Amendments) Act 1986 s.7(3)

DAVID GRANT WILLIAMS v REPATRIATION COMMISSION

No. VG 434 of 1987

Woodward J 5 August 1988 Melbourne

~ 8 AUG 1988

FEDERAL COURT OF AUSTRALIA

PRING:PAL REGISTAY

IN_THE FEDERAL COURT OF AUSTRALIA) )

) ) )

VICTORIA DISTRICT REGISTRY No. VG 434 of 1987

GENERAL DIVISION

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

DAVID GRANT WILLIAMS Applicant and REPATRIATION COMMISSION Respondent

MINUTES OF ORDER

COURT: Woodward J

DATE: 5 August 1988

PLACE: Melbourne

THE COURT ORDERS THAT:

i. The application be dismissed.

2. The applicant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA)

VICTORIA DISTRICT REGISTRY No. VG 434 of 1987

GENERAL DIVISION

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: DAVID GRANT WILLIAMS Applicant and REPATRIATION COMMISSION Respondent

COURT: Woodward J

DATE: 5 August 1988

PLACE: Melbourne

REASONS FOR JUDGMENT

This 1S an appeal on questions of law from a decision of the Administrative Appeals Tribunal ('the Tribunal') constituted by Mrs Rosemary Balmford, Senior Member. It relates to the pension payable to the applicant

under the Veterans' Entitlements Act 1986 ('the Act').

The decision which the applicant had taken on appeal to the Tribunal was one in which the Veterans' Review