Repatriation Commission v Thompson [2001] FCA 341

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Thompson [2001] FCA 341 VETERANS' AFFAIRS – claim for pension – review by Administrative Appeals Tribunal of Repatriation Commission's determination that disease was not war-caused – Statement of Principles made after application for review filed with Tribunal but before determination of the Tribunal – whether Statement of Principles should have been applied by Tribunal – effect of s120A Veterans' Entitlements Act 1986 – whether s120A "affected" a right Veterans' Entitlements Act 1986 (Cth) ss 120, 120A Veterans Affairs (1994 – 1995 Budget Measures) Legislation Amendment Act 1994 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 44

Repatriation Commission v Keeley (2000) 98 FCR 108, followed Esber v The Commonwealth (1992) 174 CLR 430, considered Ogston v Repatriation Commission (1999) 86 FCR 578, considered Brook v Repatriation Commission (1986) 5 AAR 102, cited Drake v Minister for Immigration & Ethnic Affairs (1979) 24 ALR 577, cited Re Costello v The Secretary, Department of Transport (1979) 2 ALD 934, cited Re Riley v Repatriation Commission (1995) 21 AAR 174, cited REPATRIATION COMMISSION v FRANK THOMPSON N 820 OF 2000 DRUMMOND, WHITLAM & EMMETT JJ 2 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 820 OF 2000

On appeal from a Judge of the Federal Court of Australia

BETWEEN: REPATRIATION COMMISSION

APPELLANT

AND: FRANK THOMPSON

RESPONDENT

JUDGES: DRUMMOND, WHITLAM and EMMETT JJ

DATE OF ORDER: 2 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with 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 N 820 OF 2000