Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hall v Repatriation Commission [2007] FCA 2021
DEFENCE AND WAR – veteran's entitlements – application for war widow's pension – whether death of war veteran was attributable to eligible war service – AAT found there was a hypothesis linking the veteran's death to alcohol consumption in accordance with applicable Statement of Principles – AAT erred in law by failing to satisfy itself, beyond reasonable doubt, that there was no sufficient ground for determining that the veteran's alcohol dependence arose out of his war service – AAT could not be so satisfied – appeal allowed
Administrative Appeals Tribunal Act 1975 (Cth), s 44 Veterans Entitlements Act 1986 (Cth), s 120, s 120A
Hall v Repatriation Commission [2007] AATA 1514 reversed Bull v Repatriation Commission (2001) 188 ALR 756 referred to Byrnes v Repatriation Commission (1993) 177 CLR 564 followed Harris v Secretary, Department of Employment and Workplace Relations (2007) 158 FCR 252 cited Keeley v Brooking (1979) 143 CLR 162cited Repatriation Commission v Deledio (1998) 83 FCR 82applied Roncevich v Repatriation Commission (2005) 222 CLR 115cited Secretary, Department of Employment and Workplace Relations v Harris [2007] FCAFC 130; 97 ALD 534 cited RUTH HALL v REPATRIATION COMMISSION
NSD 1530 OF 2007
RUTH HALL v ADMINISTRATIVE APPEALS TRIBUNAL and REPATRIATION COMMISSION
NSD 1998 OF 2007
GYLES J
18 DECEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1530 OF 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR J D CAMPBELL, MEMBER AND REAR ADMIRAL AR HORTON AO, MEMBER
BETWEEN: RUTH HALL
Applicant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: GYLES J
DATE OF ORDER: 18 DECEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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