Catolico and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by Ms Marissa Catolico against a decision of the Repatriation Commission. The core dispute revolved around whether Ms Catolico was a "dependant" of a deceased veteran for the purposes of the *Veterans' Entitlements Act 1986* (Cth). The Federal Court of Australia, presided over by Deputy J Sosso P, was required to determine the nature of the relationship between Ms Catolico and the veteran.

The legal issues before the court were whether Ms Catolico and the veteran were living together in a marriage-like relationship, as defined by section 11A of the Act, and whether Ms Catolico qualified as a dependant under section 11 of the Act. This involved considering the operation of the deeming provision in section 5E(3) and assessing various indicia of their relationship, including financial, social, and sexual aspects, as well as the nature of their commitment to each other.

The court's reasoning focused on the interpretation of "living together in a marriage-like relationship" under section 11A. Deputy J Sosso P noted that while the veteran and Ms Catolico had a substantial commitment prior to 1973, the Tribunal was entitled to consider all circumstances, including their separation due to the veteran's illness and violent behaviour. The court found that the financial aspects of the relationship did not indicate a marriage-like arrangement, with no joint household responsibilities. Furthermore, the social and sexual aspects appeared to be non-existent at the relevant times. Despite the veteran regularly visiting and staying overnight with Ms Catolico after his mental health treatment, the court ultimately upheld the Tribunal's finding that the indicia of a marriage-like relationship were not met.

However, the decision under review was set aside. In substitution, the court determined that Ms Marissa Catolico was a dependant as defined by section 11 of the *Veterans' Entitlements Act 1986*.