Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Repatriation Commission [2004] FCA 743 DEFENCE AND WAR – Veterans' entitlements – appeal from Administrative Appeals Tribunal – disability pension – special rate of pension under s 24 of the Veterans' Entitlements Act 1986 (Cth) – whether enough evidence to conclude that veteran had ceased to engage in remunerative work Veterans' Entitlements Act 1986 (Cth) s 24 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Sheehy v Repatriation Commission (1996) 66 FCR 569 cited Flentjar v Repatriation Commission (1997) 48 ALD 1 referred to GRAHAM JOHN SMITH v REPATRIATION COMMISSION Q 193 OF 2003 DOWSETT J 11 JUNE 2004 BRISBANE (HEARD IN TOWNSVILLE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 193 OF 2003
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A PRESIDENTIAL MEMBER
BETWEEN: GRAHAM JOHN SMITH
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: DOWSETT J
DATE OF ORDER: 11 JUNE 2004
WHERE MADE: BRISBANE (HEARD IN TOWNSVILLE)
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of and incidental to the appeal. 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 193 OF 2003
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A PRESIDENTIAL MEMBER
BETWEEN: GRAHAM JOHN SMITH
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: DOWSETT J
DATE: 11 JUNE 2004
PLACE: BRISBANE (HEARD IN TOWNSVILLE)
REASONS FOR JUDGMENT
The appeal 1 Since 29 October 2000 the appellant has received a disability pension pursuant to the Veterans' Entitlements Act 1986 (Cth)(the "Act"). On 29 January 2001 he applied to the respondent for a special rate disability pension but was unsuccessful. On 19 June 2001 he applied to the Veterans' Review Board for review of that decision. The Board upheld the respondent's decision. On 15 February 2002 the appellant unsuccessfully applied to the Administrative Appeals Tribunal (the "AAT") for review. This is an appeal from the AAT's decision. Pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth), such an appeal is limited to questions of law.
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