Fox, Anthony v Repatriation Commission [1997] FCA 176

CATCHWORDS ADMINISTRATIVE LAW - Judicial Review - decision of the Administrative Appeals Tribunal that the applicant be entitled to 90 percent of the General Rate of Pension as determined under the Veterans' Entitlements Act 1986 - further decision that applicant not eligible for a Special Rate of pension. ADMINISTRATIVE LAW - Judicial review - whether the Tribunal properly considered whether or not the post traumatic stress disorder was the substantial cause of the applicant's inability to undertake remunerative work - whether Tribunal failed to have regard to a matter it was obliged to take into account. ADMINISTRATIVE LAW - no evidence - whether there was any evidence to support the findings relating to subjective distress, functional effects, occupation, leisure activities and social contacts - whether the Tribunal provided adequate reasons for the decision - whether reasons included findings on material questions of fact and a reference to the evidence or other material on which those findings were based. WORDS & PHRASES - "the substantial cause" Veterans' Entitlements Act 1986 ss 24(2), 14(1), 21A, 29, 24(1), 28 Administrative Appeals Tribunal Act 1975 ss 43(2), 43(2B), 44(1)

University of Tasmania v Cane (1994) 4 Tas R 156 Refd Dornan v Riordan (1990) 24 FCR 564 Affd Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 Affd Politis v Federal Commissioner of Taxation (1988) 16 ALD 707 Affd Ansett Transport Industries (Operations) Pty Ltd & Anor v Wraith & Ors (1983) 48 ALR 500 Refd Commissioner of Taxation (Cth) v Cainero (1988) 15 ALD 368 Affd McAuliffe v Secretary, Department of Social Security(1992) 28 ALD 609 Refd Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465 Refd Rich Rivers Radio Pty Limited v Australian Broadcasting Tribunal & Ors (1989) 22 FCR 437 Refd Australian Postal Corporation v Lucas (1991) 33 FCR 101 Refd Anthony Fox v Repatriation Commission No TG 18 of 1996 Kiefel J Brisbane 19 March 1997