Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Robertson v Repatriation Commission [2011] FCA 937 Citation: Robertson v Repatriation Commission [2011] FCA 937
Appeal from: Robertson and Repatriation Commission [2011] AATA 80
Parties: CLARA ROBERTSON v REPATRIATION COMMISSION
File number: NSD 239 of 2011
Judge: EDMONDS J
Date of judgment: 22 August 2011
Catchwords: ADMINISTRATIVE LAW – veteran's entitlements – widow's pension – appeal from decision of Tribunal affirming a decision of the respondent that veteran's death was not 'war-caused' – standard of proof under s 120(4) of the Veterans' Entitlements Act 1986 (Cth) – identification by the Tribunal of the correct test under the Act in determining veteran's 'kind of death' – no error of law, appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth) ss 13, 120, 120A, 196B
Cases cited: Collins v Repatriation Commission (2009) 177 FCR 280 applied Hayes v Repatriation Commission [2005] FMCA 125 cited Hill v Repatriation Commission (2009) 177 FCR 434 applied Re Martyn and Repatriation Commission [2006] AATA 895 cited Repatriation Commission v Smith (1987) 15 FCR 327 applied
Date of hearing: 1 June 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Mr M Vincent
Solicitor for the Applicant: Kemp & Co Lawyers
Counsel for the Respondent: Miss RM Henderson
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