Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Milenz [2006] FCA 1436 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – Tribunal found that veteran suffered from three war-caused diseases – whether Tribunal erred in construction of ss 120(1), (3), (4), 120A(3) of Veterans' Entitlements Act 1986 (Cth) – inquiry to be made under Deledio steps – whether Tribunal failed to address the requirements of the Statements of Principles with respect to two of the diseases – construction of phrase "clinical worsening" – whether material capable of supporting finding of clinical worsening of two of the diseases – conclusion in relation to third disease dependent on conclusion in relation to second disease. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth)s 120(1), s 120(3), s 120(4) and s 120A(3) Repatriation Commission v Gosewinckel (1999) 59 ALD 690 applied Repatriation Commission v Deledio (1998) 83 FCR 82 applied Lees v Repatriation Commission (2002) 125 FCR 331 cited Repatriation Commission v Cornelius [2002] FCA 750 cited Santa Sabina College v Minister for Education (1985) 58 ALR 527 cited REPATRIATION COMMISSION v YURGEN MILENZ No VID 1488 of 2005
FINN J
8 NOVEMBER 2006
DARWIN (HEARD IN MELBOURNE) IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1488 OF 2005
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR J HANDLEY, SENIOR MEMBER
BETWEEN: REPATRIATION COMMISSION
Applicant
AND: YURGEN MILENZ
Respondent
JUDGE: FINN J DATE OF ORDER: 8 NOVEMBER 2006
WHERE MADE: darwin (heard in melbourne)
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The decision of the Tribunal be set aside. 3. The matter be remitted to the Tribunal for hearing and determination according to law. 4. The respondent pay the applicant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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