Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal ("the AAT") – whether error of law in the AAT's reasoning – whether the AAT failed to give adequate reasons for its decision. VETERANS' ENTITLEMENTS – whether respondent suffering from a war-caused disease – whether respondent rendered "operational service" – whether respondent's service can be characterised as full-time continuous service "outside Australia" – meaning of expression "outside Australia" – AAT required to determine "the essential character" of respondent's service. Administrative Appeals Tribunal Act 1975 (Cth), ss 43(2B), 44 Veterans' Entitlements Act 1986 (Cth), ss 5C, 6(1)(a), 9, 13, 120 Seas And Submerged Lands Act 1973 (Cth), ss 7, 16(1) Acts Interpretation Act 1901 (Cth), s 15B Repatriation Commission v Kohn (1989) 87 ALR 511, applied
REPATRIATION COMMISSION v JAMES ELLISON PROCTOR NG 8 of 1998 BRANSON J SYDNEY 5 JUNE 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8 of 1998
BETWEEN: REPATRIATION COMMISSION
Applicant
AND: JAMES ELLISON PROCTOR
Respondent
JUDGE(S): BRANSON j
DATE OF ORDER: 5 JUNE 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal be set aside. 2. The case be remitted to the Administrative Appeals Tribunal to be heard and decided again without the hearing of further evidence.
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 NG 8 of 1998
BETWEEN: REPATRIATION COMMISSION
Applicant
AND: JAMES ELLISON PROCTOR
Respondent
JUDGE(S): BRANSON j
DATE: 5 JUNE 1998
PLACE: SYDNEY
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