Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gittins v Repatriation Commission [2007] FCA 1380 ADMINISTRATIVE LAW — appeal from decision of Federal Magistrates Court of Australia — pension entitlement for dependent spouse of veteran — non-Hodgkin's lymphoma — whether reasonable hypothesis connecting veteran's death and service — application of principles relevant to analysis — no error of law. Veterans' Entitlements Act 1986 (Cth), ss 8(1)(b), 120, 120(1), 120(3) and 120A Gittins v Repatriation Commission [2007] FMCA 167 affirmed Repatriation Commission v Deledio (1998) 83 FCR 82 cited Repatriation Commission v Hill (2002) 69 ALD 581 applied Repatriation Commission v McKenna (1998) 52 ALD 72 referred to PATRICIA ANN GITTINS v REPATRIATION COMMISSION VID 211 OF 2007
MARSHALL J
30 AUGUST 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 211 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PATRICIA ANN GITTINS
Appellant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: MARSHALL J DATE OF ORDER: 30 AUGUST 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant pay the respondent'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
VICTORIA DISTRICT REGISTRY VID 211 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PATRICIA ANN GITTINS
Appellant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: MARSHALL J
DATE: 30 AUGUST 2007
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The appellant, Mrs Gittins, appeals from a judgment of the Federal Magistrates Court which dismissed her appeal from a decision of the Administrative Appeals Tribunal (Tribunal) (see Gittins v Repatriation Commission [2007] FMCA 167). The Tribunal affirmed a decision of the Veterans' Review Board (Board) that Mrs Gittins was not entitled to a war widow's pension under the Veterans' Entitlements Act 1986 (Cth)(Act).
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