Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rose v Repatriation Commission [2001] FCA 245
VETERANS' AFFAIRS – veterans' entitlements – appeal from decision of Administrative Appeals Tribunal - application for pension to be paid at special rate pursuant to s 24 of Veterans' Entitlements Act 1986 (Cth) – amendments to Act in 1994 restrict availability of special rate – whether claims for special rate based upon lumbar spondylosis made and determined prior to amendments render restrictive conditions inapplicable – whether restrictive conditions to be applied to claim for special rate made in May 1995 based upon same condition – whether AAT gave adequate reasons for decision.
Administrative Appeals Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth) ss 19(5), (7), (9), 23(2A), 24(1), (2), (2A)
Clements v Repatriation Commission (1997) 49 ALD 798 followed
Repatriation Commission v Keeley (2000) 98 FCR 108 referred to
IAN GORDON ROSE v REPATRIATION COMMISSION
V 138 of 1999 WEINBERG J 15 MARCH 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY V 138 OF 1999
BETWEEN: IAN GORDON ROSE
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 15 MARCH 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY V 138 OF 1999
BETWEEN: IAN GORDON ROSE
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 15 MARCH 2001
WHERE MADE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal under s 44(1) of the Administrative Appeals Act 1975 (Cth) ("the AAT Act") from part of the decision of Deputy President McDonald of the Administrative Appeals Tribunal ("the AAT") given on 26 February 1999. 2 By that decision, the AAT set aside a decision of the respondent ("the Commission") and decided that the applicant's lumbar spondylosis was war-caused, but that he was not entitled to be paid pension at the intermediate or special rate.
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