Repatriation Commission v Towns [2003] FCA 1262

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Towns [2003] FCA 1262 VETERANS´ ENTITLEMENTS – Entitlement to pension – widow – veteran's death from unknown causes - veteran suffering from war-caused post-traumatic stress disorder, alcohol abuse, bilateral sensorineural hearing loss, solar keratoses and Basel cell carcinoma, relating to operational service in World War II – application of Statement of Principles ("SoP") for sudden unexplained death to claim – relationship between ss 120, 120A and 196B of the Veterans' Entitlements Act 1986 (Cth) – requirement for the Administrative Appeals Tribunal to take into account the whole of the evidence before it – alternative submission – preliminary requirement for the Administrative Appeals Tribunal to make a finding as to the "kind of death" the veteran suffered – material pointing to reasonable hypothesis veteran's death war-caused. WORDS AND PHRASES – "kind of death" – "Statement of Principles" – "sudden unexplained death" – "reasonable hypothesis" – "war-caused" Veterans' Entitlements Act 1986 (Cth) ss 120, 120A, 196B Repatriation Commission v Hancock [2003] FCA 711 distinguished Woodward v Repatriation Commission [2003] FCAFC 160 followed Minister for Immigration and Multicultural and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Bushell v Repatriation Commission (1992) 175 CLR 408 referred to East v Repatriation Commission (1987) 16 FCR 517 referred to Re Dell and Repatriation Commission (1986) 9 ALD 596 referred to Bull v Repatriation Commission (2001)188 ALR 756referred to Elliott v Repatriation Commission [2002]FCA 26 referred to REPATRIATION COMMISSION v THELMA JEAN TOWNS N 736 of 2003 TAMBERLIN J SYDNEY 7 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 736 OF 2003