Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VETERANS – war widow's claim for pension – appeal from the AAT – finding by Tribunal that deceased had not rendered operational service - whether Tribunal could review or depart from findings of Repatriation Commission affirmed by Veterans' Review Board – nature of hearing before Tribunal – whether respondent estopped from raising before Tribunal a finding previously conceded by it – test for determining whether operational service rendered – standard of proof to be applied.
Veterans' Entitlement Act 1986 ss 5Q, 6, 8, 13, 14(3), 17, 19, 120, 135, 175
Administrative Appeals Tribunal Act 1975 ss 25, 43, 44
Judiciary Act 1903 s 39B(1A)
Bushell v Repatriation Commission (1992) 175 CLR 408
Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Canberra Tradesmen's Union Club Inc v Minister for the Environment Land and Planning (unreported, Full Court, Federal Court, 18 September 1998).
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Meenahan v Repatriation Commission (unreported, Administrative Appeals Tribunal, Purvis J, 23 December 1992)
Repatriation Commission v Stafford(1995) 56 FCR 132
Fitzmaurice v Repatriation Commission(1989) 19 ALD 297
Stafford v Repatriation Commission (1995) 56 FCR 121
The Commonwealth v Verwayen(1990) 170 CLR 394
Minister for Immigration and Ethnic Affairs v Daniele (1981) 39 ALR 649
Commonwealth v Sciacca(1988) 17 FCR 476
Midland Metals Overseas Ltd v Comptroller General of Customs (1991) 30 FCR 87
Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193
Wiest v Director of Public Prosecutions (1988) 86 ALR 464.
Formosa v Secretary, Department of Social Security (1988) 81 ALR 687
Roberts v Repatriation Commission (1992) 39 FCR 420
Grassby v The Queen (1989) 168 CLR 1
Papazoglou v Republic of the Philippines (1997) 74 FCR 108
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