Repatriation Commission v Turner [2004] FCA 1184

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Turner [2004] FCA 1184 VETERANS' ENTITLEMENTS – appeal from the decision of the Administrative Appeals Tribunal that the respondent's post traumatic stress disorder was related to defence service – HMAS Melbourne collision with USS Frank E Evans – whether the Administrative Appeals Tribunal applied the correct standard of proof – inappropriate reference to Repatriation Commission v Deledio (1998) 83 FCR 82 in reasons of the Administrative Appeals Tribunal – finding of fact that there was an aggravation of respondent's post traumatic stress disorder during defence service – finding of fact that there was an inability to obtain appropriate clinical management Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth) ss 70, 120, Division 2, Pt IV Repatriation Commission v Deledio (1998) 83 FCR 82 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to REPATRIATION COMMISSION v GRAEME TURNER No Q 72 of 2004 SPENDER J BRISBANE 10 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 72 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: GRAEME TURNER

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 10 SEPTEMBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application, to be taxed if not agreed. 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 72 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL