Repatriation Commission v Deathe, Daryl James [1998] FCA 1265

FEDERAL COURT OF AUSTRALIA VETERANS AFFAIRS – appeal from Administrative Appeals Tribunal – whether lack of evidence before the Tribunal to support a reasonable hypothesis connecting the illness or injury with service - whether procedural fairness had been denied in Tribunal not requiring witness to be called - whether Tribunal followed the proper process in reaching its decision. Administrative Appeals Tribunal Act 1975 (Cth) s44(1) Veterans' Entitlements Act 1986 (Cth)

Stead v State Government Insurance Commission (1986) 161 CLR 141, considered Kunz v Federal Commissioner of Taxation (1996) 41 ALD 533, considered Transport Workers Union of Australia v Hansch (Full Court, Industrial Relations Court of Australia, 7 September 1998, unreported), applied

Repatriation Commission v Bey (1997) 149 ALR 721, applied Prestegar v Repatriation Commission (Northrop J, 14 February 1997, unreported), applied

Repatriation Commission v Nicholson (Gummow J, 17 February 1995, unreported), applied

REPATRIATION COMMISSION v DARYL JAMES DEATHE VG 74 of 1998

MARSHALL J MELBOURNE 16 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 74 of 1998

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: DARYL JAMES DEATHE

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 16 september 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The matter be remitted to the Administrative Appeals Tribunal for hearing and determination according to law before a differently constituted tribunal to the one which made the decision which is the subject of the appeal. 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 VG 74 of 1998