Repatriation Commission v Glanville [2010] FCA 405

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Glanville [2010] FCA 405 Citation: Repatriation Commission v Glanville [2010] FCA 405

Parties: REPATRIATION COMMISSION v CATHERINE GLANVILLE

File number: NSD 1217 of 2009

Judge: COWDROY J

Date of judgment: 30 April 2010

Catchwords: DEFENCE AND WAR – Veterans' Entitlements – Widow's pension – Administrative appeal – Use of assumptions to establish reasonable hypothesis - Status of expert evidence as 'material' under Veterans Entitlement Act 1986 (Cth) –Whether assumption supported by material before Tribunal – Held – Material pointed to assumption relied upon. DEFENCE AND WAR – Veterans' Entitlements – Widow's pension – Administrative appeal – Use of the phrase 'not fanciful' in evaluating the material before the Tribunal – Whether Tribunal erred in upholding reasonable hypothesis on the basis of material which was 'not fanciful' – Held – Tribunal erred in employing the 'not fanciful' standard to evaluate the material before the Tribunal instead of applying such standard to evaluate the 'reasonable hypothesis'– Tribunal applied incorrect test. ADMINISTRATIVE LAW – Veterans' Entitlements – Widow's pension – Administrative appeal – Adequacy of reasons – Whether the Tribunal failed to address adequately the evidence of an expert called by Commission – Whether Tribunal failed to address adequately submission of Commission – Held – Tribunal failed to address adequately testimony of expert witness

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Repatriation Legislation Amendment Act 1985 (Cth) s 16 Veterans' Entitlements Act 1986 ss 8, 13, 120, 120A, 196 Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 (Cth)