Repatriation Commission v Boardman, David Ralph & Anor [1996] FCA 107

CATCHWORDS ADMINISTRATIVE LAW - appeal from the Veterans' Appeal Division of the Administrative Appeals Tribunal - proper construction of s46AB and s46AD of the Veterans' Entitlement Act 1986 (Cth) - whether distributions paid in respect of investment product prior to the purchase by the pensioner can be taken into account in the calculation of the ordinary income of that pensioner for the purpose of s46AD - "holders of the product" referred to in the definition of "distributions" in s46AD are the generic class of all holders of the relevant investment product. Veterans' Entitlements Act 1986 (Cth) ss 5H, 42, 45ZK, 46AA(2), 46AB, 46AC, 46AD, 56D, 57(2), 57B, 57D, 57E and 175(2) Re Gemmell and Secretary, Department of Social Security (1995) 38 ALD 707 No SG 60 of 1995 REPATRIATION COMMISSION v DAVID RALPH BOARDMAN and JOAN MARIE BOARDMAN Branson J Adelaide 1 March 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 60 of 1995 ) GENERAL DIVISION ) ON APPEAL from the Veterans' Appeals Division of the Administrative Appeals Tribunal constituted by Mr B H Burns (Deputy President), Mr B C Lock and Dr J Y Hancock (Members) BETWEEN: REPATRIATION COMMISSION Applicant - and - DAVID RALPH BOARDMAN and JOAN MARIE BOARDMAN Respondents MINUTES OF ORDER CORAM: Branson J PLACE: Adelaide DATE: 1 March 1996 THE COURT ORDERS THAT: 1. The appeal is allowed and the decision of the Administrative Appeals Tribunal of 11 August 1995 is set aside. 2. The decision of the Repatriation Commission of 14 December 1993 is affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 60 of 1995 ) GENERAL DIVISION ) ON APPEAL from the Veterans' Appeals Division of the Administrative Appeals Tribunal constituted by Mr B H Burns (Deputy President), Mr B C Lock and Dr J Y Hancock (Members) BETWEEN: REPATRIATION COMMISSION Applicant - and - DAVID RALPH BOARDMAN and JOAN MARIE BOARDMAN Respondents REASONS FOR JUDGMENT CORAM: Branson J PLACE: Adelaide DATE: 1 March 1996 This is an appeal from the Veterans' Appeals Division of the Administrative Appeals Tribunal ("the Tribunal"). The issues involved in the appeal are the proper construction of ss46AB and 46AD of the Veterans' Entitlements Act 1986 (Cth) ("the Act"). FACTUAL BACKGROUND The respondents, Mr and Mrs Boardman, are each in receipt of service pensions payable under Part III of the Act. They have at all times complied with the requirements of the Repatriation Commission ("the Commission") to provide information concerning other income and assets acquired by them to allow the Commission to determine the appropriate levels of their respective pensions.