Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Graham v Repatriation Commission [2002] FCA 792 SOCIAL WELFARE - Veterans Affairs - claim by widow of veteran for pension - entitlement - whether death "war-caused" - reasonable hypothesis - whether hypothesis connecting veteran's death with war service reasonable - proper approach to application of Statements of Principles to hypothesis - whether claim can succeed when hypothesis falls outside Statement of Principles Veterans Entitlements Act 1986 (Cth) ss 14, 120, 120A Administrative Appeals Tribunal Act 1975 (Cth) s 44 McLean v Repatriation Commission [2001] FCA 1505 followed Byrnes v Repatriation Commission (1993) 177 CLR 564 followed Repatriation Commission v Deledio (1998) 83 FCR 82 considered East v Repatriation Commission (1987) 16 FCR 517 considered Repatriation Commission v Bey (1997) 79 FCR 364 referred to Bull v Repatriation Commission [2001] FCA 1832 referred to Calderaro v Secretary, Department of Social Security (1991) 33 FCR 244 considered MARTHA ELLEN GRAHAM v REPATRIATION COMMISSION Q 3 OF 2002 DOWSETT J 21 JUNE 2002 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 3 OF 2002
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: MARTHA ELLEN GRAHAM
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: DOWSETT J
DATE OF ORDER: 21 JUNE 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 3 OF 2002
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: MARTHA ELLEN GRAHAM
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: DOWSETT J
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