Parnell-Schoneveld v Repatriation Commission [2003] FCA 153

FEDERAL COURT OF AUSTRALIA

Parnell-Schoneveld v Repatriation Commission [2003] FCA 153 VETERANS' AFFAIRS – appeal from the Administrative Appeals Tribunal – eligibility for compensation on the basis that the applicant was a civilian who had been interned or was the partner of a deceased civilian who had been interned by the Japanese during World War II – whether applicant or applicant's deceased partner domiciled in Australia immediately before the commencement of internment. WORDS & PHRASES – "domicile" Administrative Appeals Tribunal Act 1975 (Cth) s 44 Compensation (Japanese Internment) Act 2001 (Cth) ss 4(2), 4(3) Domicile Act 1982 (Cth) Veterans' Entitlements Act 1986 (Cth) ss 119(1)(g), 119(1)(h) Hyland v Hyland (1971) 18 FLR 461 referred to Henderson v Henderson [1965] 1 All ER 179 referred to Re G [1966] NZLR 1028 applied Re Beaumont [1893] 3 Ch 490 applied Grundman v Repatriation Commission [2001] FCA 892 applied Roncevich v Repatriation Commission [2002] FCA 1458 referred to Halsbury's Laws of England 4th ed 1996 Margaret Mary Parnell-Schoneveld v Repatriation Commission N 1148 of 2002 Gretchen Parnell v Repatriation Commission N 1149 of 2002 JACOBSON J 6 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1148 of 2002

On appeal from the VETERANS' APPEALS DIVISION OF THE Administrative Appeals Tribunal

BETWEEN: MARGARET MARY PARNELL-SCHONEVELD

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 6 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The applicant pay the respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.