Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cross v Repatriation Commission [2013] FCA 229 Citation: Cross v Repatriation Commission [2013] FCA 229
Appeal from: Cross v Repatriation Commission [2012] AATA 632
Parties: DAPHNE IMELDA CROSS v REPATRIATION COMMISSION
File number: NSD 1615 of 2012
Judge: JACOBSON J
Date of judgment: 15 March 2013
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal affirming decision of Veterans' Review Board – whether smoking habit was "war-caused" – application of s 119(1)(h)(i)
Legislation: Veterans' Entitlements Act 1986 (Cth), ss 8, 13, 119 and 120
Cases cited: Fenner v Repatriation Commission (2005) 218 ALR 122 Kowalski v Repatriation Commission [2010] FCA 409 Mason v Repatriation Commission [2000] FCA 1409 Parnell-Schoneveld v Repatriation Commission [2003] FCA 153 Re Noshirf CJ Rustomjee and Repatriation Commission [1987] AATA 300 Repatriation Commission v Bey (1997) 79 FCR 364 Repatriation Commission v Smith (1987) 15 FCR 327
Date of hearing: 12 March 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: Mr M Vincent
Solicitor for the Applicant: Kemp & Co Lawyers
Counsel for the Respondent: Miss RM Henderson
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1615 of 2012
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