Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oldmeadow v Repatriation Commission [2013] FCA 423 Citation: Oldmeadow v Repatriation Commission [2013] FCA 423
Appeal from: Oldmeadow v Repatriation Commission [2012] AATA 691
Parties: RONALD OLDMEADOW v REPATRIATION COMMISSION AND ADMINISTRATIVE APPEALS TRIBUNAL
File numbers: NTD 27 of 2012, NTD 34 of 2012
Judge: MANSFIELD J
Date of judgment: 10 May 2013
Catchwords: DEFENCE AND WAR – veterans' affairs – entitlement to pension – whether funding by Administrative Appeals Tribunal that veteran did not work for continuous period of 10 years erroneous – consideration of evidence before Tribunal – Tribunal did not err in its finding ADMINISTRATIVE LAW – veterans' disability pension claim –Veterans' Review Board found applicant ineligible because one criterion not established – Administrative Appeals Tribunal review found that criterion was established, but another criterion not considered by the Board was not – whether Tribunal review confined to matters considered by the Board – Tribunal reviews whole of decision, even if that involves considering matters not considered by original decision-maker
Legislation: Veterans' Entitlements Act 1986 (Cth) ss 70, 24, 25, 175, 176 Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 43 Administrative Decisions (Judicial Review) Act 1976 (Cth) s 5 Census and Statistics Act 1905 (Cth) s 7 Statistics Regulations 1983 (Cth) reg 3 Public Service Act 1999 (Cth)
Cases cited: Bramwell v Repatriation Commission (1998) 158 ALR 623 followed Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 followed Fitzmaurice v Repatriation Commission (1984) 51 ALD 297 followed Stewart v Repatriation Commission [2002] FCA 316 followed Kowalski v Repatriation Commission [2009] FCA 794 cited Sutherland v Repatriation Commission [1996] FCA 1265 distinguished Repatriation Commission v Stafford (1995) 56 FCR 132 followed Re Brian Lawlor Automotive Pty Ltd v Collector of Customs (New South Wales) (1978) 1 ALD 167 considered Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 followed McVeigh v Willarra Pty Ltd (1984) 6 FCR 587 cited Luu v Renevier (1989) 91 ALR 39 cited
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