Repatriation Commission v McKenna [1998] FCA 787

FEDERAL COURT OF AUSTRALIA DEFENCE AND WAR - veterans - appeal from decision of the Administrative Appeals Tribunal that affirmed the decision of the Veterans' Review Board to set aside the applicant's decision to reject the respondent's claim for a disability pension - whether veteran's ischaemic heart disease and atherosclerotic peripheral vascular disease were war‑caused diseases - claim lodged after 1 June 1994 - whether Tribunal adopted correct approach - whether a causal link or connection between ischaemic heart disease and atherosclerotic peripheral vascular disease, hypertension, stress, anxiety or a psychiatric condition and operational service - s 120A(3) of the Veterans' Entitlements Act 1986 (Cth) ("the Act") - application of Statement of Principles - whether the hypothesis raised by the material and said to connect the two heart diseases with the respondent's operational service was upheld by the Statements of Principles in relation to the two diseases and the Statement of Principles in relation to hypertension - no reference to stress, anxiety or a psychiatric disturbance as a factor in the Statement of Principles for hypertension. DEFENCE AND WAR - s 120 of the Act - onus of proof - whether Tribunal erred in casting on applicant the onus of proving, beyond reasonable doubt, that the respondent's hypertension was related to his operational service.

Veterans' Entitlements Act 1986 (Cth): s 9, s 120, s 120A(3), s 196B

Deledio v Repatriation Commission (1997) 47 ALD 261 - considered and applied Repatriation Commission v Deledio (unreported, 22 April 1998, Beaumont, Hill and O'Connor JJ) - considered and applied REPATRIATION COMMISSION v KEVIN JOHN McKENNA VG 741 of 1997 GOLDBERG J MELBOURNE 3 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 741 of 1997