Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Schmidt v Repatriation Commission [2004] FCA 1158
VETERANS' ENTITLEMENTS – appeal from the decision of the Administrative Appeals Tribunal to affirm a decision that the applicant's post-traumatic stress disorder, alcohol dependence/abuse and psoriasis were not war-caused – whether the Administrative Appeals Tribunal failed to consider the claimed events as judged by an objective observer in the position of the applicant at the time – finding that the applicant did not experience a severe stressor or stressors finding of fact – whether any error of law demonstrated Veterans' Entitlements Act 1986 (Cth) ss 5, 7, 9, 13, 14, 15, 19, 196B 196D 120, Part II Repatriation Commission v Deledio (1998) 83 FCR 82 referred to Stoddart v Repatriation Commission (2003) 197 ALR 283 referred to Woodward v Repatriation Commission (2003) 200 ALR 332 referred to Repatriation Commission v Stoddart (2003) 77 ALD 67 referred to JAN HENDRIK SCHMIDT v REPATRIATION COMMISSION No Q 79 of 2004 SPENDER J BRISBANE 8 SEPTEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 79 OF 2004
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: JAN HENDRIK SCHMIDT
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 8 SEPTEMBER 2004
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application be dismissed with costs. 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 79 OF 2004
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: JAN HENDRIK SCHMIDT
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: SPENDER J
DATE: 8 SEPTEMBER 2004
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