Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kowalski v Repatriation Commission [2009] FCA 794
ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – refusal to grant disability pension under Veterans' Entitlements Act 1986 (Cth) in relation to depressive disorder, anxiety disorder, hypertension and ischaemic heart disease – whether grounds of appeal relate to questions of law or questions of fact – whether grounds of appeal relating to questions of law amount to errors of law Held: appeal dismissed – grounds of appeal relating to questions of fact dismissed – open to Tribunal to make findings of fact – grounds of appeal relating to questions of law dismissed – did not amount to errors of law – Tribunal had jurisdiction to hear application – onus of proof not placed on applicant.
Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Compensation (Commonwealth Government Employees) Act 1971 (Cth) Repatriation Act 1920 (Cth) s 47 Veterans' Entitlements Act 1986 (Cth) ss 70, 120, 120B, 180A, 196A, 196B
Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 cited Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 41 FLR 338 followed Comcare v Etheridge (2006) 149 FCR 522 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 followed Ettridge v TransAdelaide [1997] SASC 6753 cited Fitzmaurice v Repatriation Commission (1989) 19 ALD 297 considered Giannarelli v Wraith (1988) 165 CLR 543 cited HBF Health Funds Inc v Minister for Health and Ageing (2006) 149 FCR 291 cited Kowalski v Repatriation Commission [2008] FCA 1970 cited Kowalski v Repatriation Commission [2009] FCA 47 cited Langley v Repatriation Commission (1993) 43 FCR 194 followed Lees v Repatriation Commission (2002) 125 FCR 331 cited McDonald v Director-General of Social Security (1984) 1 FCR 354 followed McKenna v Repatriation Commission (1999) 86 FCR 144 followed Oliver v Repatriation Commission [2002] AATA 408 distinguished Power v Comcare (1998) 89 FCR 514 cited Repatriation Commission v Cornelius [2002] FCA 750 cited Repatriation Commission v Deledio (1998) 83 FCR 82 distinguished Repatriation Commission v Hill (2002) 69 ALD 581 cited Repatriation Commission v O'Brien (1985) 155 CLR 422 distinguished KAZIMIR KOWALSKI v REPATRIATION COMMISSION
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