Graham v Repatriation Commission [1999] FCA 66

FEDERAL COURT OF AUSTRALIA

Graham v Repatriation Commission [1999] FCA 66

VETERANS' AFFAIRS – Service pension – Definition of "allotted for duty" – Application of transitional provisions.

WORDS AND PHRASES – "Allotted for duty".

Defence Service Homes Act 1918 (Cth), s 4(2).

Veterans' Entitlements Act 1986 (Cth), ss 5B(2), 7A(1).

Veterans' Affairs Legislation Amendment Act 1990 (Cth), s 93(1), Schedule 2.

Veterans' Entitlements Amendment Act 1991 (Cth).

Veterans' Entitlements (Rewrite) Transition Act 1991 (Cth), Schedule 4.

Repatriation Commission v Doessel (1990) 95 ALR 704, cited.

Repatriation Commission v Davis (1990) 94 ALR 621, cited.

GRAHAM v REPATRIATION COMMISSION

NG 1017 OF 1998

JUDGE: SACKVILLE J

DATE: 5 FEBRUARY 1999

PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY NG 1017 OF 1998

BETWEEN: ERNEST WILLIAM GRAHAM

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: SACKVILLE J

DATE: 5 FEBRUARY 1999

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The time for the applicant to file and serve a notice of appeal from the decision of the Administrative Appeals Tribunal given on 2 July 1998 be extended until 5 February 1999. 2. The applicant be given leave to file in Court a notice of appeal in the form handed up by counsel for the applicant. 3. The decision of the Administrative Appeals Tribunal be set aside. 4. The whole matter be remitted to the Administrative Appeals Tribunal to be heard and determined according to law. 5. Subject to any proper objections, the Administrative Appeals Tribunal should hear such further evidence presented by the parties as is relevant to the matter to be determined. 6. The respondent pay the applicant's costs of and incidental to the application, including the application for extension of time. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.