Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kawicki v Repatriation Commission [2014] FCA 1147 Citation: Kawicki v Repatriation Commission [2014] FCA 1147
Appeal from: Kawicki and Repatriation Commission [2014] AATA 207
Parties: TADEUSZ KAWICKI v REPATRIATION COMMISSION
File number(s): NSD 445 of 2014
Judge(s): BUCHANAN J
Date of judgment: 30 October 2014
Catchwords: DEFENCE AND WAR – appeal from a decision of the Administrative Appeals Tribunal ("AAT") – where applicant found to be entitled to a general rate but not a special rate of pension under the Veterans' Entitlements Act 1986 (Cth) ("the Act") – whether applicant entitled to special rate or intermediate rate of pension – whether applicant satisfies s 24(1)(c) of the Act in that his incapacity to work was caused by defence-caused injuries alone – whether increase to the general rate of pension should take effect from an earlier date than that decided by the AAT
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Veterans' Entitlements Act 1986 (Cth), ss 19(5B), 19(5C), 19(5D), 19(6), 21A, 22, 22(2), 23, 23(1)(d), 24, 24(1)(b), 24(1)(c), 28, 68, 70, 73
Cases cited: Kawicki and Repatriation Commission [2014] AATA 207 Smith v Repatriation Commission (2014) 220 FCR 452
Date of hearing: 8 September 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 94
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Ms RM Henderson
Solicitor for the Respondent: Australian Government Solicitor
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