White v Repatriation Commission [1995] FCA 702

CATCHWORDS ADMINISTRATIVE LAW - decision to refuse applicant widow's pension - decision affirmed by Administrative Appeals Tribunal - whether cancer war-caused injury - whether Tribunal correctly applied s120(3) Veterans' Entitlements Act 1986 (Cth) - whether order should be made that matter be heard by Tribunal differently constituted. EVIDENCE - expert witness - qualifications - conflicting expert evidence. Administrative Appeals Tribunal 1975 (Cth), s44 Veterans' Entitlements Act 1986 (Cth), s120 Administrative Decisions (Judicial Review) Act 1977 (Cth), s16(1)(b) Bushell v Repatriation Commission (1992) 175 CLR 408 Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal & Anor (1990) 26 FCR 39 No. NG 816 of 1994 LENNEY VANT WHITE -v- REPATRIATION COMMISSION MOORE J SYDNEY 5 September 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 816 of 1994 ) GENERAL DIVISION ) BETWEEN: LENNEY VANT WHITE Applicant AND: REPATRIATION COMMISSION Respondent JUDGE: Moore J PLACE: Sydney DATE: 5 September 1995 ORDER OF THE COURT THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal of 25 October 1994 is set aside. 2. The application for review be remitted to the Tribunal to be heard and determined again by the Tribunal differently constituted. 3. The respondent pay the applicant'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) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 816 of 1994 ) GENERAL DIVISION ) BETWEEN: LENNEY VANT WHITE Applicant AND: REPATRIATION COMMISSION Respondent JUDGE: Moore J PLACE: Sydney DATE: 5 September 1995 REASONS FOR JUDGMENT This is an appeal, so styled, from a decision of the Administrative Appeals Tribunal ("the Tribunal") made on 25 October 1994 which is brought under s44 of the Administrative Appeals Tribunal Act 1975 (the "AAT Act"). The decision was to affirm a decision to refuse Mrs Lenney White (the applicant), the widow of a veteran, a pension under the Veterans' Entitlements Act 1986. The application in this Court was filed on 24 November 1994 and the applicant died on 21 March 1995. At the commencement of the hearing an order was made under O6 r15 that Mr Trevor Butt, the applicant's solicitor, be appointed to represent the applicant's estate for the purposes of the proceedings. That was done by consent.