Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Summers v Repatriation Commission [2014] FCA 608 Citation: Summers v Repatriation Commission [2014] FCA 608
Parties: RONALD JOHN SUMMERS v REPATRIATION COMMISSION
File number: VID 767 of 2013
Judge: MORTIMER J
Date of judgment: 12 June 2014
Catchwords: ADMINISTRATIVE LAW – Veteran's entitlements – appeal from decision of Administrative Appeals Tribunal to refuse an increase in rate of pension – cross-appeal from decision of Tribunal that applicant suffered from post-traumatic stress disorder – whether Tribunal erred in its conclusion that applicant's alcohol dependence was not "war-caused" – whether there was no evidence on which Tribunal's conclusions on alcohol dependence could be based – whether the Tribunal complied with the requirement to give reasons under s 43 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether the Tribunal correctly construed the meaning of "loss" in the provisions of the Veterans' Entitlements Act 1986 (Cth) pertaining to increased rates of pension –whether the Tribunal took into account irrelevant considerations – no error on part of Tribunal identified on appeal or cross-appeal – appeal and cross-appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Age Discrimination Act 2004 (Cth) ss 31, 41 Veterans' Entitlements Act 1986 (Cth) ss 5C, 7, 9, 13, 15, 22, 23, 24, 120, 120A
Cases cited: Civil Aviation Safety Authority v Central Aviation Pty Ltd (2009) 179 FCR 554; [2009] FCAFC 137 Federal Commissioner of Taxation v Crown Insurance Services Ltd (2012) 207 FCR 247; [2012] FCAFC 153 Flentjar v Repatriation Commission (1997) 48 ALD 1 Giesen v Repatriation Commission (2005) 216 FCR 435; [2005] FCA 846 Leane v Repatriation Commission (2004) 81 ALD 625; [2004] FCAFC 83 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518; [2003] HCA 11 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 O'Dowd v Repatriation Commission [2013] FCA 991 Peacock v Repatriation Commission (2007) 161 FCR 256; [2007] FCAFC 156 Repatriation Commission v Deledio (1998) 83 FCR 82 Repatriation Commission v Holden [2014] FCA 605 Repatriation Commission v Nation (1995) 57 FCR 25 Summers and Repatriation Commission [2010] AATA 803 Summers and Repatriation Commission [2013] AATA 439 Summers v Repatriation Commission (2012) 130 ALD 32; [2012] FCAFC 104 Summers v Repatriation Commission [2011] FCA 1451 Vetter v Lake Macquarie City Council (2001) 202 CLR 439; [2001] HCA 12 Watsford v Commissioner of Taxation [2013] FCA 1389
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