Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Summers v Repatriation Commission [2011] FCA 1451 Citation: Summers v Repatriation Commission [2011] FCA 1451
Appeal from: Summers v Repatriation Commission [2010] AATA 803
Parties: RONALD JOHN SUMMERS v REPATRIATION COMMISSION
File number: VID 977 of 2010
Judge: NORTH J
Date of judgment: 8 November 2011
Corrigendum: 9 January 2012
Date of hearing: 8 November 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 34
Solicitor for the Applicant: Mr D De Marchi of De Marchi & Associates
Counsel for the Respondent: Ms C Dowsett
Solicitor for the Respondent: Australian Government Solicitor
FEDERAL COURT OF AUSTRALIA
Summers v Repatriation Commission [2011] FCA 1451 CORRIGENDUM 1. After [32] in the Reasons for Judgment, insert the following paragraph: 33 The fifth complaint is that the Tribunal failed to identify the death of the applicant's father as a reasonable hypothesis to link the applicant's service to his alcohol dependence. The basis upon which the Tribunal dealt with this contention depended on the terms of the relevant Statement of Principles. The reason why the notification of the death could not provide a reasonable hypothesis was derived from the terms of paragraph 6(d) of the relevant Statement of Principles which require that the experience of the death of a significant other precede the clinical onset of alcohol dependence or alcohol abuse. The Tribunal found as a fact that the applicant's alcohol dependence commenced in Vietnam when he was operating the Other Ranks canteen. The death of the applicant's father occurred a number of months afterwards. It was therefore impossible for the reasonable hypothesis to be established upon those facts. 2. Paragraph 33 in the Reasons for Judgment becomes [34]. 3. Paragraph 34 in the Reasons for Judgment becomes [35]. I certify that the preceding three (3) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice North.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate