Sharley v Repatriation Commission [2013] FCA 1031

FEDERAL COURT OF AUSTRALIA

Sharley v Repatriation Commission [2013] FCA 1031 Citation: Sharley v Repatriation Commission [2013] FCA 1031

Appeal from: Administrative Appeals Tribunal: [2010] AATA 474

Parties: JOHN DOUGLAS SHARLEY v REPATRIATION COMMISSION

File number: VID 635 of 2010

Judge: JESSUP J

Date of judgment: 14 October 2013

Catchwords: ADMINISTRATIVE LAW – appeal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) – Tribunal affirmed decision of respondent that applicant did not suffer from war-caused post-traumatic stress disorder and remitted to respondent question whether applicant suffered from war-caused osteoarthritis – whether Tribunal erred by not addressing whether material before it was sufficient to justify conclusion or by failing to apply relevant Statement of Principles correctly – whether Tribunal erred by not providing adequate reasons for its conclusion that applicant did not suffer war-caused post-traumatic stress disorder – whether Tribunal erred by not providing written reasons for part of applicant's claim relating to osteoarthritis after respondent's affirmation of decision remitted by Tribunal under s 42D of Administrative Appeals Tribunal Act 1975 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 42D, 43, 44 Judiciary Act 1903 (Cth) s 39B Veterans' Entitlement Act 1986 (Cth), ss 7, 9, 13, 120, 120A, 196B

Cases cited: Hill v Repatriation Commission (2004) 207 ALR 470 Repatriation Commission v Bawden (2012) 206 FCR 296 Repatriation Commission v Deledio (1998) 83 FCR 82 Repatriation Commission v Hendy (2002) 76 ALD 47 Smith v Repatriation Commission (2012) 131 ALD 63