Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ralph v Repatriation Commission [2015] FCA 165 Citation: Ralph v Repatriation Commission [2015] FCA 165
Appeal from: Desmond Francis Ralph v Repatriation Commission [2013] AATA 948
Parties: DESMOND FRANCIS RALPH v REPATRIATION COMMISSION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: VID 23 of 2014
Judge: MURPHY J
Date of judgment: 4 March 2015
Catchwords: DEFENCE AND WAR – Veterans' entitlements — application for special rate of pension under the Veterans' Entitlements Act 1986 (Cth) – date of lodgement - whether application lodged prior to applicant turning 65 – application of s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 of the Evidence Act 1995 (Cth) to lodgement at an approved place under s 5T(2) of the Act DEFENCE AND WAR – Veterans' entitlements – application for special rate of pension under s 24(2A) of the Act – whether the applicant was engaged in "remunerative work" – whether the Tribunal misconstrued "working…for a continuous period of at least 10 years" under s 24(2A)(g) of the Act – whether the Tribunal misconstrued "suffering a loss" in s 24(2A)(g) of the Act
Legislation: Acts Interpretation Act 1901 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth) Veterans' Entitlements Act 1986 (Cth)
Cases cited: Angus Fire Armour Australia Pty Ltd v Collector of Customs (NSW) (1988) 19 FCR 477 Collins v Administrative Appeals Tribunal and Another (2007) 163 FCR 35 Counsel v Repatriation Commission [2001] FCA 1032 Danagher v Child Support Registrar [2014] FCA 1408 Desmond Francis Ralph v Repatriation Commission [2011] AATA 881 Desmond Francis Ralph v Repatriation Commission [2013] AATA 948 Director-General of Social Services v Chaney (1980) 31 ALR 571 Federal Commissioner of Taxation v Trail Brothers Steel & Plastics Pty Ltd (2010) 186 FCR 410 Grant v Repatriation Commission (1999) 57 ALD 1 Hill v Repatriation Commission (2004) 82 ALD 60 Hill v Repatriation Commission [2000] FCA 929 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Nilant v Macchia (2000) 104 FCR 238 Repatriation Commission v Buckingham [1996] FCA 37 Repatriation Commission v Gordon and Others (1990) 26 FCR 569 Sheehy v Repatriation Commission (1996) 66 FCR 569 Thomson v Repatriation Commission (2000) 96 FCR 550
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