Federal Court of Australia
CATCHWORDS EVIDENCE - fresh evidence - appeal to Federal Court of Australia from the Administrative Appeals Tribunal on a question of law pursuant to s. 44 of the Administrative Appeals Tribunal Act (1975) - whether jurisdiction of the court permits the reception of fresh evidence. VETERANS' AFFAIRS - pension - special rate - appeal from decision of AAT - whether finding of the AAT that there is no entitlement to the special rate is supported by the evidence. INTERPRETATION OF STATUTES - s. 24(1) of the Veterans' Entitlements Act (1986) - whether sub-sections (1)(a), (b) and (c) are to be read cumulatively or disjunctively. Administrative Appeals Tribunal Act (1975) s. 44 Veterans' Entitlements Act (1986) s. 24(1) Federal Court of Australia Act 1976 ss. 19 and 27 MICHAEL SERVOS v REPATRIATION COMMISSION No. QG 69 of 1994 SPENDER J BRISBANE 17 MARCH 1995
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. QG 69 of 1994 GENERAL DIVISION ) BETWEEN : MICHAEL SERVOS Applicant AND : REPATRIATION COMMISSION Respondent CORAM: Spender J PLACE: Brisbane DATE: 17 March 1995 MINUTES OF ORDER THE COURT ORDERS THAT: (i) the appeal be dismissed; (ii)the applicant pay the respondent's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. QG 69 of 1994 GENERAL DIVISION ) BETWEEN : MICHAEL SERVOS Applicant AND : REPATRIATION COMMISSION Respondent CORAM: Spender J PLACE: Brisbane DATE: 17 March 1995 REASONS FOR JUDGMENT This is an appeal pursuant to s. 44 of the Administrative Appeals Tribunal Act 1975 ('the Act') from a decision of the Veterans' Affairs Division of the Administrative Appeals Tribunal ('the AAT') which was constituted by Mr D. W. Muller, Senior Member, Captain E. T. Keane and Associate Professor B. A. Smithurst given on 27 April 1994 whereby the Tribunal affirmed a decision by the Veterans' Review Board refusing Mr Michael Servos ('Servos') a disability pension at the special rate pursuant to s. 24 of the Veterans' Entitlements Act 1986. The legislative scheme with which this appeal is concerned is that which existed as a consequence of the amendments to the Veterans' Entitlements Act 1986 by Act No. 134 of 1988 which came into effect on 15 December 1988. The Act was subsequently amended by Act No. 98 of 1994 which
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