McKeown, Dorothy May v Repatriation Commission [1995] FCA 856

CATCHWORDS Defence - Ex-Servicemen (Veterans) - Pensions, allowances and other benefits - Qualification for benefits - Whether service in "actual combat against the enemy". Veterans' Entitlements Act 1986 - s.6(1)(n) DOROTHY MAY McKEOWN v. REPATRIATION COMMISSION

VG488 of 1993 Jenkinson J. Melbourne 25 October, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG488 of 1993 GENERAL DIVISION )

On Appeal from the Veterans' Appeals Division of the Administrative Appeals Tribunal constituted by Mrs H.E. Hallowes, Senior Member BETWEEN: DOROTHY MAY McKEOWN Applicant AND: REPATRIATION COMMISSION Respondent CORAM: Jenkinson J. PLACE: Melbourne DATE: 25 October, 1995

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal made on 13 October 1993 be set aside. 3. The matter of the claim the subject of the said decision be remitted to the Administrative Appeals Tribunal to be heard and determined according to law. 4. Each party have leave to adduce further evidence before the said Tribunal. 5. The applicant's costs of the appeal (including reserved costs) be paid by the respondent. (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. VG488 of 1993 GENERAL DIVISION )

On Appeal from the Veterans' Appeals Division of the Administrative Appeals Tribunal constituted by Mrs H.E. Hallowes, Senior Member BETWEEN: DOROTHY MAY McKEOWN Applicant AND: REPATRIATION COMMISSION Respondent CORAM: Jenkinson J. PLACE: Melbourne DATE: 25 October, 1995 REASONS FOR JUDGMENT