Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walker v Repatriation Commission [2024] FCA 190 File number(s): ACD 31 of 2022
Judgment of: ABRAHAM J
Date of judgment: 7 March 2024
Catchwords: ADMINISTRATIVE LAW – veterans' affairs – veterans' entitlements under the Veterans' Entitlements Act 1986 (Cth) (VEA) – application under s 39B of the Judiciary Act 1903 (Cth) – application for extension of time under r 31.02 of the Federal Court Rules 2011 (Cth) to lodge an application for an order for review under s 11 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where applicant suffered medical conditions alcohol dependence/abuse, hypertension, gastro-oesophageal reflux disease, chronic pancreatitis, cirrhosis of the liver, diabetes mellitus and osteoarthrosis – whether there is a causal connection to defence service – application of statement of principles under the VEA – whether the Veterans' Review Board (the Board) made unreasonable, illogical or irrational findings – whether the Board failed to consider particular medical conditions the subject of claims – whether the Board failed to consider or misunderstood relevant material
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 10, 11 Judiciary Act 1903 (Cth) s 39B Veterans' Entitlements Act 1986 (Cth) ss 14, 70, 71, 135, 136, 137, 138, 139, 120B, 196B Federal Court Rules 2011 (Cth) r 31.02
Cases cited: Australian Postal Corporation v D'rozario and Others [2014] FCAFC 89; (2014) 222 FCR 202 CKL21 v Minister for Home Affairs [2022] FCAFC 70; (2022) 293 FCR 634 Comcare v Fiedler [2001] FCA 1810; (2001) 115 FCR 328 Cremona v Administrative Appeals Tribunal and Another [2015] FCAFC 72; (2015) 230 FCR 1 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; (2022) 289 FCR 21 Edelsten v Minister for Health and Others [1994] FCA 82; (1994) 58 FCR 419 Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2014] FCA 1019; (2014) 227 FCR 1 Knight v Repatriation Commission [2010] FCA 1134; (2010) 52 AAR 547 Linwood v Repatriation Commission [2016] FCA 90; (2016) 148 ALD 542 Lucic v Nolan [1982] FCA 232; (1982) 45 ALR 411 Minister for Home Affairs v DUA16 [2020] HCA 46; (2020) 271 CLR 550 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 274 CLR 398 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2021] FCAFC 48; (2021) 284 FCR 1 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 Repatriation Commission v Knight [2012] FCAFC 83; (2012) 202 FCR 451 Repatriation Commission v Stafford [1995] FCA 537; (1995) 56 FCR 132 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58; (2012) 202 FCR 1 Turaga v Minister for Immigration and Border Protection [2017] FCA 58 Warren v Repatriation Commission [2018] FCA 1193
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate