Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Schulz v Repatriation Commission [2014] FCA 387 Citation: Schulz v Repatriation Commission [2014] FCA 387
Appeal from: Schulz v Repatriation [2012] AATA 561
Parties: JOHN SCHULZ v REPATRIATION COMMISSION
File number: QUD 553 of 2012
Judge: DOWSETT J
Date of judgment: 22 April 2014
Catchwords: DEFENCE AND WAR – Veterans – Entitlements – application for pension – appeal from decision of Administrative Appeals Tribunal – where Repatriation Commission satisfied beyond reasonable doubt that conditions not linked to service – where statement of principles did not support a reasonable hypothesis – whether Repatriation Commission required to exercise power under Veterans' Entitlements Act 1986 (Cth) s 180A.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Legislative Instruments Act 2003 (Cth) Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 (Cth) Veterans' Entitlements Act 1986 (Cth) ss 6C, 7, 9, 13, 13AA, 13AB, 14, 15, 16, 19, 57, 79T, 93Z, 118ZS, 120, 120A, 135, 175, 180, 180A, 180B, 196A, 196B, 196E, 196Y Cases cited: Bushell v Repatriation Commission (1992) 175 CLR 408 discussed Byrnes v Repatriation Commission (1993) 177 CLR 564 cited Repatriation Commission v Deledio (1998) 83 FCR 82 cited Date of hearing: 6 February 2013
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 36
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