Brown v Repatriation Commission [2006] FCA 914

FEDERAL COURT OF AUSTRALIA

Brown v Repatriation Commission [2006] FCA 914

VETERANS' ENTITLEMENTS – appeal from Administrative Appeals Tribunal – nature of appeal pursuant to s 44(1) of Administrative Appeals Tribunal Act 1975 (Cth) – appeals on a question of law – review under s 5 of the ADJR Act – whether the Tribunal misunderstood evidence – 'kind of death' of veteran under Veterans' Entitlements Act 1986 (Cth) –whether denial of procedural fairness by Tribunal in not accepting a submission put to it jointly by the parties

Administrative Appeals Tribunal Act 1975 (Cth)s 44(1) Veterans' Entitlements Act 1986 (Cth)s 6A, s 120A Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 (Cth) Federal Court Rules O 54 r 2A, r 3(2) Australian Securities and Investment Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 cited Birdseye v Australian Securities and Investment Commission (2003) 76 ALD 321 cited Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28cited Comcare v Etheridge [2006] FCAFC 27 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited HBF Health Fund Inc v Minister for Health and Ageing [2006] FCAFC 34 referred to Purvis v Dairy Adjustment Authority (No 2) [2006] FCAFC 38 cited Repatriation Commission v Hancock (2003) 37 AAR 383 referred to Repatriation Commission v Towns (2003) 38 AAR 77referred to EVE BROWN v REPATRIATION COMMISSION NSD 885 of 2006 BRANSON J 19 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 885 of 2006

BETWEEN: EVE BROWN

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 19 JULY 2006