Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Milbourn v Repatriation Commission [2009] FCA 176
ADMINISTRATIVE LAW – extent of Administrative Appeals Tribunal's obligations to provide reasons and to state its findings on material questions of fact and the evidence or other material on which those findings were based DEFENCE AND WAR – widow's pension – whether husband's death was 'war-caused' – Tribunal not reasonably satisfied on the balance of probabilities that veteran's death was attributable to or arose out of a war-caused smoking habit Veterans' Entitlements Act 1986 (Cth) ss 7(1)(c), 8(1)(b), 13(1)(a), 120, 120B, 196A and 196B(3) Administrative Appeals Tribunal Act 1975 (Cth) ss 43 and 44 Administrative Appeals Tribunal Act (Act No. 91 of 1975) (Cth) Administrative Appeals Tribunal Amendment Act 1977 (Cth) Administrative Appeals Tribunal Amendment Act 2005 (Cth) Statute Law (Miscellaneous Amendments) (No. 1) Act 1982 (Cth) s 33 Migration Act 1958 (Cth) s 430(1) TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 19 ATR 1067 Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55 Comcare v Etheridge (2006) 149 FCR 522 Civil Aviation Safety Authority v Central Aviation Pty Ltd [2009] FCA 49 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 WAEE v Minister for Multicultural and Indigenous Affairs (2003) 75 ALD 630 Brackenreg v Comcare Australia (1995) 56 FCR 335 Repatriation Commission v Tuite (1993) 39 FCR 540 HAZEL MILBOURN v REPATRIATION COMMISSION
NSD 1840 of 2008
GRAHAM J
3 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1840 of 2008
ON APPEAL FROM THE VETERANS' APPEALs DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MS R HUNT (SENIOR MEMBER) AND DR J CAMPBELL (MEMBER)
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