Anderson v Repatriation Commission [2004] FCA 1009

FEDERAL COURT OF AUSTRALIA

Anderson v Repatriation Commission [2004] FCA 1009

VETERANS' ENTITLEMENTS – pension – death of veteran – whether executor and trustee of veteran's will is the 'legal personal representative' for the purposes of continuing the proceeding – entitlement to special rate – veteran worked as a farmer on large property before moving to a small 'hobby farm' – whether veteran eased out of farming for war-caused injuries alone – application of 'alone' test – relevance of reduction of assets to maintain entitlement to pension at a particular rate, retirement age, increasing dementia, disability caused by leg amputation and lack of income – whether veteran engaged in 'remunerative work' – whether Tribunal misapplied definition of 'remunerative work'

WORDS & PHRASES – 'remunerative work' Veterans' Entitlements Act 1986 (Cth) ss 5Q, 6, 24, 28, 119, 120, 126 Administrative Appeals Tribunal Act 1975 (Cth) ss 43(1), 44(1) Repatriation Commission v Strickland (1990) 12 AAR 343 referred to Cavell v Repatriation Commission (1988) 9 AAR 534 referred to Repatriation Commission v Smith (1987) 15 FCR 327 referred to Counsel v Repatriation Commission [2002] FCAFC 201 (2002) 122 FCR 476 referred to Hill v Repatriation Commission [2000] FCA 929 referred to ALISON ANDERSON v REPATRIATION COMMISSION V 376 of 2003 GRAY J 6 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 376 of 2003

BETWEEN: ALISON ANDERSON

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 6 AUGUST 2004

WHERE MADE: MELBOURNE

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