Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Agius v Repatriation Commission [2017] FCA 935 Appeal from: Agius and Repatriation Commission (Veterans' entitlements) [2017] AATA 41
File number: VID 94 of 2017
Judge: O'CALLAGHAN J
Date of judgment: 14 August 2017
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – where claim for payment at Special Rate under s 24(2)(b) of the Veterans' Entitlement Act 1986 (Cth) refused by delegate of the respondent – where Administrative Appeals Tribunal affirmed delegate's decision on the basis of a misunderstanding of the Full Court's decision in Leane v Repatriation Commission [2004] FCAFC 83; 81 ALD 625 – where parties agree that the Tribunal erred and that the appeal should be allowed – whether Court should finally resolve the matter rather than remit it back to the Tribunal for rehearing according to law
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Veterans' Entitlement Act 1986 (Cth), s 24(2)(b)
Cases cited: Civil Aviation Safety Authority v Caper Pty Ltd (No 2) [2012] FCA 1305; 132 ALD 475 Harradine v Secretary, Department of Social Security (1989) 25 FCR 35 Irwin v Military Rehabilitation and Compensation Commission (2009) 174 FCR 574 Leane v Repatriation Commission [2004] FCAFC 83; 81 ALD 625 Smith v Repatriation Commission (2014) 220 FCR 452
Date of hearing: 14 August 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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