Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McDermid v Repatriation Commission [2016] FCA 372 File number: QUD 55 of 2015
Judge: LOGAN J
Date of judgment: 15 April 2016
Catchwords: ADMINISTRATIVE LAW – veterans' affairs – veterans' entitlements – incapacity arising out of defence caused injury – pension payable under s 74 Veterans' Entitlements Act 1986 (Cth) – where applicant has multiple defence caused injuries – where compensation is payable in respect of same incapacity but only some not all of the same injuries as are defence caused – whether Commission should reduce special rate of pension in light of compensation payment – Veterans' Entitlements Act 1986 (Cth) s 71, 74(2), 74(2)(a), 74(2)(b); Safety, Rehabilitation and Compensation Act 1988 (Cth), s19
Legislation: Acts Interpretation Act 1901 (Cth) s 23(b) Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 39 Judiciary Act 1903 (Cth) s 39B Military Rehabilitation and Compensation Act 2004 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 19, 23(1), 24 Veterans' Entitlements Act 1986 (Cth) ss 3, 5(D), 5(D)(2)(b), 13, 14, 19, 21A, 22, 24, 24(1)(c), 28, 30C(1)(b), 30C(1)(c), 70, 71, 71(2), 71(3), 71(4), 73, 74, 74(2), 74(2)(a), 74(2)(b), 74(3), 74(8) Veterans' Entitlements Amendment Act 2011 (Cth)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Commonwealth v Smith (2009) 180 FCR 569 Commonwealth of Australia v Quince (1944) 68 CLR 227 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 Gauntlett v Repatriation Commission (1991) 32 FCR 73 Hobbs v Repatriation Commission (2002) 124 FCR 151 McDermid v Repatriation Commission [2011] AATA 834 Repatriation Commission v Law (1981) 147 CLR 635
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