Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peacock v Repatriation Commission [2004] FCA 1449
DEFENCE AND WAR – veterans´ entitlements – appeal from the Administrative Appeals Tribunal – disability pension – special rate of pension under s 24 of the Veterans´ Entitlements Act 1986 (Cth) – whether medical evidence at time of retirement necessary to satisfy the test in Flentjar v Repatriation Commission (1997) 48 ALD 1 – whether applicant was prevented from working by war-caused injury or war-caused diseased alone – applicant entered contract designed to end when he could access his superannuation benefits – whether access to superannuation benefits could prevent the applicant from working. Veterans' Entitlements Act 1986 (Cth) s 24 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Flentjar v Repatriation Commission (1997) 48 ALD 1 applied GEOFFREY PEACOCK v REPATRIATION COMMISSION Q 92 OF 2004 DOWSETT J 11 NOVEMBER 2004 SYDNEY (VIA VIDEO-LINK) HEARD IN BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 92 OF 2004
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: GEOFFREY PEACOCK
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: DOWSETT J
DATE OF ORDER: 11 NOVEMBER 2004
WHERE MADE: SYDNEY (VIA VIDEO-LINK) HEARD IN BRISBANE
THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal made on 25 May 2004 be set aside; 2. The matter be remitted to the Tribunal for further consideration in accordance with law; and 3. The respondent pay the applicant's costs of this 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 92 OF 2004
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate