Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King v Repatriation Commission [2011] FCA 1436 Citation: King v Repatriation Commission [2011] FCA 1436
Appeal from: King v Repatriation Commission [2011] AATA 251
Parties: COLIN RICHARD KING v REPATRIATION COMMISSION
File number: NSD 628 of 2011
Judge: COWDROY J
Date of judgment: 15 December 2011
Catchwords: DEFENCE AND WAR – appeal from a decision of the Administrative Appeals Tribunal to refuse a veteran's application for a pension related to his prostate cancer – whether the Tribunal erred in its application of the relevant Statement of Principles – whether the Tribunal failed to apply s 196B(14) of the Veterans' Entitlements Act 1986 (Cth)
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Affairs Legislation Amendment Act 1994 (Cth) Veterans' Entitlements Act 1986 (Cth) ss 5C, 6, 6F, 13(1), 120A, 120(1), 120(3), 196B(14)
Cases cited: Alexander v Australian Community Pharmacy Authority (2010) 265 ALR 424 Gilkinson v Repatriation Commission [2011] FCAFC 133 King v Repatriation Commission [2011] AATA 251 Repatriation Commission v Deledio (1998) 83 FCR 82 Repatriation Commission v Hill (2002) 69 ALD 581
Date of hearing: 10 August 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 67
Counsel for the Applicant: Mr M Vincent
Solicitor for the Applicant: Kemp & Co Lawyers
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