Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Williams [2001] FCA 1195
ADMINISTRATIVE LAW – VETERANS AFFAIRS – veterans entitlements –claim by widow for pension – appeal from review of decision of Administrative Appeals Tribunal affirming decision that veteran's death not war-caused – Statements of Principle governing assessment of review – where Statement of Principle in force at time of claim later repealed – claimant entitled to rely on later Statement of Principle – Keeley and Gorton applied – on question of whether condition causing death was caused by smoking – steps that Tribunal required to take in reaching finding of causation – Tribunal erred in circumstances in requiring claimant to prove existence of facts founding hypothesis – appeal dismissed
WORDS AND PHRASES – 'at least five cigarettes per day' – where fixed definite period – did not mean an average over period
Veterans' Entitlements Act 1986 (Cth)
Repatriation Commission v Keeley (2000) 98 FCR 108 applied Repatriation Commission v Gorton [2001] FCA 1158 applied
REPATRIATION COMMISSION v JOAN MARY WILLIAMS N 934 OF 2001 HEEREY, EMMETT and ALLSOP JJ 29 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 934 of 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: REPATRIATION COMMISSION
APPELLANT
AND: JOAN MARY WILLIAMS
RESPONDENT
JUDGES: HEEREY, EMMETT and ALLSOP JJ
DATE OF ORDER: 29 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant 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 N 934 of 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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