Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Counsel v Repatriation Commission [2001] FCA 1032 ADMINISTRATIVE LAW – Application for review of a decision of the Administrative Appeals Tribunal – Veterans' entitlements – Application for Special Rate pension – whether veteran had suffered a "loss of earnings on his own account" – where veteran's last paid remunerative work was running his farming business – where the farming business consistently recorded a net loss for taxation purposes. WORDS AND PHRASES – "earnings on his or her own account"; "remunerative work"
Veterans Entitlements Act 1986, ss23(1) and 24(2A). Sheehy v Repatriation Commission (1996) 66 FCR 569 cited Repatriating Commission v Buckingham (Ryan J, unreported, 7 February 1996, Federal Court of Australia) cited Hill v Repatriation Commission [2000] FCA 929 discussed Shead v Summit Western Pty Ltd (1998) 81 IR 347 cited Paterson v Stanmorr Pty Ltd [2000] VSCA 220 cited Accident Compensation Commission v Alger [1993] 1 VR 379 cited Cage Developments Pty Ltd v Schubert (1983) 151 CLR 584 cited Thomas v Repatriation Commission (1994) 50 FCR 112 cited
laurence counsel v repatriation commission N 479 of 2001 MOORE J 1 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N479 OF 2001
BETWEEN: LAURENCE COUNSEL
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 1 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is 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 N479 OF 2001
BETWEEN: LAURENCE COUNSEL
APPLICANT
AND: REPATRIATION COMMISSION
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