Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Murray v Repatriation Commission [2016] FCA 1150 Appeal from: Murray v Repatriation Commission [2015] AATA 364
File number: VID 332 of 2015
Judge: BROMBERG J
Date of judgment: 22 September 2016
Catchwords: DEFENCE AND WAR – Veterans' Entitlements Act 1986 (Cth), ss 23 and 24 – appeal of Administrative Appeal Tribunal's decision to affirm the decision of the Veterans' Review Board to set the veteran's disability pension at 100 per cent of the general rate and not the higher intermediate or special rates – where the veteran has a war-caused disability rendering him incapable of working more than 8 hours per week – where the applicant ceased regular employment immediately prior to his 60th birthday – where the Tribunal found the criteria in ss 23(1)(c) and 24(1)(c) not satisfied – whether the Tribunal erred in misconstruing s 23(1)(c) by reference to s 23(3)(a)(i) and s 24(1)(c) by reference to s 24(2)(a)(i) – consideration of the proper test under s 23(1)(c) in conjunction with s 23(3)(a)(i) and s 24(1)(c) in conjunction with s 24(2)(a)(i) – Tribunal failed to consider whether veteran not seeking remunerative work for reasons other than his war-caused disabilities – whether the Tribunal failed to give adequate reasons – where the parties and the Court are left to speculate as to the Tribunal's reasoning process the Tribunal did so err – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 44 Veterans' Entitlements Act 1986 (Cth) ss 14, 15, 19, 23, 23(1)(c), 23(3)(a), 24, 24(1)(c), 24(2)(a), 24(2)(b)
Cases cited: Banovich v Repatriation Commission (1986) 69 ALR 395 May v Military Rehabilitation and Compensation Commission (2015) 322 ALR 330 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Repatriation Commission v Richmond (2014) 226 FCR 21 Repatriation Commission v Smith (1987) 15 FCR 327 Smith v Repatriation Commission (2014) 220 FCR 452 Summers v Repatriation Commission (2015) 230 FCR 179 Terrence Murray v Repatriation Commission [2015] AATA 364 Willis v Repatriation Commission (2012) 202 FCR 323
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