Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Norton [2008] FCA 1132
DEFENCE AND WAR – appeal from Administrative Appeals Tribunal – claim under Veterans' Entitlements Act for war-caused death from liver cancer resulting from alcohol abuse – proper application of Statement of Principles in determining whether proposed hypothesis reasonable – failure to form opinion as to existence of criteria for diagnosis of alcohol abuse – failure to form opinion as to factor connecting alcohol abuse with veteran's service – interpretation of definition of "experiencing a severe stressor"
Veterans' Entitlements Act 1986 (Cth) ss 120A, 126 Norton and Repatriation Commission [2008] AATA 1 reversed Repatriation Commission v Deledio (1998) 83 FCR 82 cited Repatriation Commission v Stoddart (2003) 134 FCR 392 cited Woodward v Repatriation Commission (2003) (2003) 131 FCR 473 cited REPATRIATION COMMISSION v LORRAINE NORTON
VID 60 of 2008
HEEREY J
5 AUGUST 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 60 of 2008
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: REPATRIATION COMMISSION
Applicant
AND: LORRAINE NORTON
Respondent
JUDGE: HEEREY J DATE OF ORDER: 5 AUGUST 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be allowed and the decision of the Tribunal on 2 January 2008 be set aside. 2. The matter be remitted to the Tribunal differently constituted for further hearing and determination according to law. 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 60 of 2008
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: REPATRIATION COMMISSION
Applicant
AND: LORRAINE NORTON
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