Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moorcroft v Repatriation Commission [1999] FCA 862
ADMINISTRATIVE LAW – decision of the Administrative Appeals' Tribunal (Veterans' Appeal Division) - whether "special rate" of pension applicable pursuant to s 24 of the Veterans' Entitlements Act 1986 (Cth) – whether total and permanent incapacity from war-caused injury
ADMINISTRATIVE LAW – obligation to give reasons – s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether need for explanation as to process of reasoning based on the evidence presented
Veterans' Entitlements Act 1986 (Cth) Administrative Appeals Tribunal Act 1975 (Cth)
Cavell v Repatriation Commission (1988) 9 AAR 534 Warnakula Suriva v Minister for Immigration and Multicultural Affairs – (Finkelstein J, unreported, 6 April 1998) Eshutu v Minister for Immigration and Multicultural Affairs (1997) 142 ALR 474 Abalos v Australian Postal Commission (1990) 171 CLR 167 Dornan v Riordan (1990) 24 FCR 564 BRIAN KEITH MOORCROFT v REPATRIATION COMMISSION Q 18 OF 1999 DOWSETT J 28 JUNE 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 18 OF 1999
BETWEEN: BRIAN KEITH MOORCROFT
Applicant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: DOWSETT J
DATE OF ORDER: 28 JUNE 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal be set aside and the matter be remitted to the Tribunal to be heard and decided again upon the evidence previously given. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 18 OF 1999
BETWEEN: BRIAN KEITH MOORCROFT
Applicant
AND: REPATRIATION COMMISSION
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