Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Budworth [2001] FCA 1421
VETERANS' ENTITLEMENTS – standard of proof to be applied to claims – whether the respective tests as to the reverse onus upon Commission as to satisfaction beyond reasonable doubt concerning war-caused injury and as to civil onus as to remaining elements required for decision-making operated in mutual exclusive way – issue resolved in affirmative.
Veterans' Entitlement Act 1986 (Cth) s 120
Benjamin v Repatriation Commission [2001] FCA 522 approved Repatriation Commission v Gosewinckel (1999) 59 ALD 690 approved Repatriation Commission v Cooke (1998) 90 FCR 307 applied REPATRIATION COMMISSION v RONALD JAMES BUDWORTH N 427 OF 2001 RYAN, MARSHALL AND CONTI JJ SYDNEY 10 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 427 of 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: REPATRIATION COMMISSION
APPELLANT
AND: RONALD JAMES BUDWORTH
RESPONDENT
JUDGES: RYAN, MARSHALL AND CONTI JJ
DATE OF ORDER: 10 OCTOBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed and the Order of Madgwick J of 29 March 2001 be affirmed.
2. The appellant pay the respondent's costs of the appeal, such costs to be taxed in default of agreement. 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 427 of 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: REPATRIATION COMMISSION
APPELLANT
AND: RONALD JAMES BUDWORTH
RESPONDENT
JUDGES: RYAN, MARSHALL AND CONTI JJ
DATE: 10 OCTOBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT: 1 This is an appeal from the judgment of a Judge of the Court delivered on 29 March 2001. The primary Judge allowed thereby an application by way of appeal by the present respondent, Mr Budworth, from the Administrative Appeals Tribunal ("the AAT") which affirmed two decisions of the Veterans Review Board ("the VRB"). The result of the VRB's decisions was that Mr Budworth became entitled to a veteran's pension from 18 October 1992 at a modest rate, and not from an earlier date for which claim had originally been made.
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