Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Christine Wodianicky-Heiler as Legal Personal Representative of Anthony Wodianicky-Heiler v Repatriation Commission [2007] FCA 834
JUDICIAL REVIEW – Administrative Appeals Tribunal (Cth) – appeals to Federal Court – questions of law DEFENCE AND WAR – veterans – entitlements – pensions for veterans – rates – Special Rate – prevention from undertaking work – decision maker accepted "epilepsy" as war-caused –Tribunal found incapacity due to "epileptic" aspects of injury not war-caused Held: No question of law Veteran's Entitlements Act 1986 (Cth) Comcare v Etheridge (2006) 149 FCR 522 applied Fitzmaurice v Repatriation Commission (1989) 19 ALD 297 referred to Flentjar v Repatriation Commission (1997) 48 ALD 1 referred to Re Cotterell & Repatriation Commission (2000) 31 AAR 184 approved Repatriation Commission v Hendy (2002) 76 ALD 47 referred to CHRISTINE WODIANICKY-HEILER AS LEGAL REPRESENTATIVE OF ANTHONY WODIANICKY-HEILER v REPATRIATION COMMISSION NSD 1218 OF 2006
MADGWICK J
31 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1218 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SENIOR MEMBER AND A MEMBER
BETWEEN: CHRISTINE WODIANICKY-HEILER AS LEGAL REPRESENTATIVE OF ANTHONY WODIANICKY-HEILER
Applicant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: MADGWICK J DATE OF ORDER: 31 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The applicant is to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1218 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SENIOR MEMBER AND A MEMBER
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