Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Alexander [2003] FCA 399 SOCIAL WELFARE – section 24(1)(c) of the Veterans' Entitlements Act 1986 (Cth) - requirement that war-caused injuries alone prevent a person from continuing to undertake remunerative work that they have been undertaking APPEAL and New Trials – whether order can be made that remitted matter be heard by a differently constituted tribunal
Administrative Appeals Tribunal Act 1975 (Cth) s 44, s 20 Veterans' Entitlements Act 1986 (Cth) s 24, Part 2 Flentjar v Repatriation Commission (1997) 48 ALD 1 followed Repatriation Commission v Hendy [2002] FCAFC 424 followed Cavell v Repatriation Commission (1988) 9 AAR 534 followed Minister for Immigration & Multicultural Affairs v Wang [2003] HCA 11 referred to REPATRIATION COMMISSION v HUBERT JOACHIM ALEXANDER No Q 133 of 2002 SPENDER J BRISBANE 2 MAY 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 133 OF 2002
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SINGLE MEMBER
BETWEEN: REPATRIATION COMMISSION
APPLICANT
AND: HUBERT JOACHIM ALEXANDER
RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 2 MAY 2003
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal of 12 July 2002 be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal, to be determined according to law. 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 133 OF 2002
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SINGLE MEMBER
BETWEEN: REPATRIATION COMMISSION
APPLICANT
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