Repatriation Commission v Fill [2020] FCA 1812

Federal Court of Australia

Repatriation Commission v Fill [2020] FCA 1812 Appeal from: Administrative Appeals Tribunal decision delivered on 24 June 2020 by Senior Member Katter

File number: QUD 221 of 2020

Judgment of: RANGIAH J

Date of judgment: 18 December 2020

Catchwords: ADMINISTRATIVE LAW – appeal against decision of Administrative Appeals Tribunal to set aside decision of Repatriation Commission affirming decision that respondents were ineligible for service pension – whether Tribunal made errors of law in assessing rate of service pension under Veterans' Entitlement Act 1986 (Cth) –appeal allowed – matter remitted to be heard and determined according to law

Legislation: Veterans' Entitlements Act 1986 (Cth) ss 36A, 37A and Sch 6 Federal Court Rules 2011 (Cth) rr 33.20 and 33.21

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 25

Date of hearing: 8 December 2020

Counsel for the Applicant: Mr G del Villar QC

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondents: The Respondents appeared in person

ORDERS QUD 221 of 2020

BETWEEN: REPATRIATION COMMISSION Applicant

AND: GRAHAM FILL First Respondent

MARILYN FILL Second Respondent

AND BETWEEN: GRAHAM FILL (and another named in the Schedule) First Cross-Appellant

AND: REPATRIATION COMMISSION Cross-Respondent

order made by: RANGIAH J DATE OF ORDER: 18 DECEMBER 2020

THE COURT ORDERS THAT:

1. The decision of the Administrative Appeals Tribunal made on 24 June 2020 is set aside. 2. The matter is remitted to the Administrative Appeals Tribunal to be heard and determined according to law. 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.