Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Tiernan [2001] FCA 519
VETERANS' AFFAIRS – veterans' entitlements – whether locating and repatriating prisoners of war can be characterised as military operations against the enemy ADMINISTRATIVE LAW – failure of Administrative Appeals Tribunal to deal with submission – submission advanced seriously and on a point determinative of the case – whether error of law WORDS & PHRASES – "qualifying service", "military operations against the enemy"
Veterans' Entitlements Act 1986 (Cth) ss 5B(1), 7A(1)(a)(i), 85(4A)
Willcocks v Repatriation Commission (1992) 39 FCR 49, followed Repatriation Commission v Burton (1993) 19 AAR 118, referred to Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 99 ALR 267, applied Repatriation Commission v Rogers [1999] FCA 489, referred to REPATRIATION COMMISSION v RODERICK THOMAS HAMILTON TIERNAN V 581 of 2000 GRAY J 4 MAY 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 581 OF 2000
On appeal from the Administrative Appeals Tribunal
BETWEEN: REPATRIATION COMMISSION
APPLICANT
AND: RODERICK THOMAS HAMILTON TIERNAN
RESPONDENT
JUDGE: GRAY J
DATE OF ORDER: 4 MAY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal, made on 17 July 2000, be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal for determination according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 581 OF 2000
On appeal from the Administrative Appeals Tribunal
BETWEEN: REPATRIATION COMMISSION
APPLICANT
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