Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Meehan v Repatriation Commission [2001] FCA 597
administrative law – Veterans'entitlements – Appeal from decision of Administrative Appeals Tribunal – Claim by veteran of generalised anxiety disorder resulting from naval service in Vietnam – Finding made by Tribunal, on balance of probabilities, that veteran suffered the disorder prior to his naval service and it was not aggravated by his visits to Vietnam – Whether this constituted an error of law – Significance of aggravation of an ailment or disorder itself being a "disease" – Whether the existence of a particular disease (as distinct from the veteran suffering some relevant disease) is to be determined by reference to the balance of probabilities, rather than the reverse criminal standard – Course appropriate to be undertaken where there is no agreement as to whether an applicant suffers a particular disease. Veteran's Entitlements Act 1986: ss 5D, 9, 13, 120, 120A Repatriation Commission v Cooke (1998) 90 FCR 307 distinguished JAMES SYDNEY MEEHAN v REPATRIATION COMMISSION N 1311 of 2000 WILCOX J 25 MAY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1311 of 2000
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: JAMES SYDNEY MEEHAN
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 25 MAY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Veterans' Appeals Division of the Administrative Appeals Tribunal dated 18 November 2000 be set aside. 2. The matter be remitted to the Veterans' Appeals Division of the Administrative Appeals Tribunal for further hearing (with or without additional evidence, as the Tribunal may direct) and determination according to law. 3. The respondent, Repatriation Commission, pay the costs of this proceeding of the applicant, James Sydney Meehan. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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