Repatriation Commission v Woodall [2015] FCA 1267

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Woodall [2015] FCA 1267 Citation: Repatriation Commission v Woodall [2015] FCA 1267

Appeal from: Woodall v Repatriation Commission [2015] AATA 163

Parties: REPATRIATION COMMISSION v MAXWELL JOHN WOODALL

File number: VID 205 of 2015

Judge: TRACEY J

Date of judgment: 20 November 2015

Catchwords: ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal that veteran entitled to payment at the special rate under s 24 of the Veterans' Entitlements Act 1986 (Cth) – whether the Tribunal erred in its construction of s 24(2)(b) of the Veterans' Entitlements Act 1986 (Cth) by requiring a "liberal and beneficial" approach to the extent and nature of the veteran's war-caused injuries – whether the Tribunal erred in determining that the veteran's war-caused injuries were the "substantial cause" of his inability to obtain remunerative work

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth), ss 24, 24(1)(c), 24(2)(b)

Cases cited: Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1 – cited Cavell v Repatriation Commission (1988) 9 AAR 534 – cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 – cited Commissioner of Taxation v Unit Trend Services Pty Ltd (2013) 250 CLR 523 – cited Fox v Repatriation Commission (1997) 45 ALD 317 – cited Haritos v Commissioner of Taxation (2015) 322 ALR 254 – cited Hill v Repatriation Commission (2004) 82 ALD 60 – cited May v Military Rehabilitation and Compensation Commission (2015) 322 ALR 330 – cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – cited Repatriation Commission v Richmond (2014) 226 FCR 21 – cited Smith v Repatriation Commission (2014) 220 FCR 452 – considered Woodall v Repatriation Commission [2015] AATA 163 – cited