Repatriation Commission v Heathcote [2009] FCA 1207

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Heathcote [2009] FCA 1207

DEFENCE AND WAR – appeal from a decision with the Administrative Appeals Tribunal – consideration of whether the veteran's death arose out of or was attributable to his defence service for the purposes of the Veterans' Entitlements Act 1986 (Cth) on the footing that the veteran by reason of exposure to hydrocarbons and benzene developed a condition described as M G U S which was the primary pathology for a condition described as primary amyloidosis giving rise to death from amyloid cardiomyopathy – consideration of the Statement of Principles governing cardiomyopathy (No. 24 of 2007) – consideration of the Statement of Principles governing myeloma (Instrument No. 56 of 2003) – consideration of whether amyloid cardiomyopathy falls within the definition of myeloma – consideration of whether it was open to the Tribunal to conclude on the evidence before it that the veteran's death from amyloid cardiomyopathy arising out of M G U S was related to the veteran's defence service having regard to the veteran's exposure to benzene and hydrocarbons Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Veterans' Entitlements Act 1986 (Cth), ss 68(1), 69, 70(1), 70(5)(a), 120(4), 120B(1)(b), 120B(3), 196A, 196B Roncevich v Repatriation Commission (2005) 222 CLR 115 - cited Repatriation Commission v Smith (1987) 15 FCR 327 – cited Judge v Repatriation Commission [2002] AATA 420 – cited SFGB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALD 402 - cited Minister for Immigration and Multicultural Affairs v Al‑Miahi (2001) 65 ALD 141 - cited SZDTZ v Minister for Immigration and Citizenship [2007] FCA 1824 – cited Collins v Repatriation Commission [2009] FCAFC 90; (2009) 177 FCR 280 - cited Hill v Repatriation Commission [2009] FCAFC 91; (2009) 177 FCR 434 - cited