Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Simos v Repatriation Commission [2013] FCA 607 Citation: Simos v Repatriation Commission [2013] FCA 607
Appeal from: Re Russell Simos and Repatriation Commission [2011] AATA 537
Parties: RUSSELL JOHN SIMOS v REPATRIATION COMMISSION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: VID 955 of 2011
Judge: TRACEY J
Date of judgment: 20 June 2013
Catchwords: DEFENCE AND WAR – Rejection of claim for disability pension under the Veterans' Entitlements Act 1986 (Cth) – appeal from decision of the Administrative Appeals Tribunal affirming rejection – whether Tribunal erred in finding the material did not point to life-threatening event during military service of appellant – whether Tribunal misdirected itself as to what constitutes an "objectively reasonable perception" that an incident was life threatening – whether Tribunal failed to determine the meaning of "viewing corpses or critically injured casualties as an eye witness" – whether Tribunal failed to give adequate reasons for rejecting certain contentions advanced by expert witnesses – whether Tribunal misapplied the definition of "clinically significant psychiatric condition".
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) – ss 43, 44 Veterans' Entitlements Act 1986 (Cth) – ss 9, 120, 120A
Cases cited: Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55 – cited Border v Repatriation Commission (No 2) [2010] FCA 1430 – considered Comcare Australia v Lees (1997) 151 ALR 647 – cited Dornan v Riordan (1990) 24 FCR 564 – cited Kennedy v Australian Fisheries Management Authority (2009) 182 FCR 411 – cited Khoury v Government Insurance Office (NSW) (1984) 165 CLR 622 – considered Kocak v Wingfoot Australia Partners Pty Ltd (2012) 295 ALR 730 – cited McKenna v Repatriation Commission (1999) 86 FCR 144 – referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 – cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 – cited Repatriation Commission v Deledio (1998) 83 FCR 82 – considered, applied Repatriation Commission v Hawkins (1993) 45 FCR 205 – cited Repatriation Commission v O'Brien (1985) 155 CLR 422 – considered Starcevich v Repatriation Commission (1987) 18 FCR 221 – cited Stoddart v Repatriation Commission (2003) 197 ALR 283 – considered TNT Skypack International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 19 ATR 1067 – cited White v Repatriation Commission [2004] FCA 633 – cited Woodward v Repatriation Commission (2003) 200 ALR 332 – considered
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