CATCHWORDS
REPATRIATION - War widows pension - Accepted link between smoking during active war service and coronary artery disease resulting in death - Consideration of cases relating to whether smoking or alcohol was war-caused - Whether temporal connection between active war service and smoking sufficient to raise a reasonable hypothesis connecting death with the circumstances of the particular service - Whether assumed fact must be one which is reasonably open to be inferred from, pointed to, raised by and therefore permitted by the material - Whether reasonable hypothesis raised by assumed or raised fact that veteran's smoking was attributable to stress and peer group pressure during active war service - Whether expert medical evidence on likelihood of stress in active war service of the veteran leading to smoking points to smoking being war-caused as an assumed or raised fact - Whether the Administrative Appeals Tribunal erred in law in not addressing the questions required to be addressed under the statute - Whether the Administrative Appeals Tribunal erred in law in applying an onus of proof on balance of probabilities or on some other unspecified standard of proof or satisfaction.
Veterans' Entitlements Act 1986 (Cth) ss.8(1), 13, 119, 120
Repatriation Commissioner v. Whetton (1991) 31 FCR 513
Bushell v. Repatriation Commission (1992) 175 CLR 408
East v. Repatriation Commission (1987) 16 FCR 517
Byrnes v. Repatriation Commission (1993) 177 CLR 564
Lowerson v. Repatriation Commission (1994) 50 FCR 252
Bell v. Repatriation Commission (1992) 26 ALD 545
Repatriation Commission v. Owens (High Court of Australia, unreported 5 August 1996)
Law v. Repatriation Commission (1980) 29 ALR 64
Stares v. Repatriation Commission (1995) 38 ALD 757 and on appeal (1996) 41 ALD 212
McMahon v. Repatriation Commission (Burchett J, unreported 21 July 1993 and on appeal to the Full Court (Wilcox, Einfeld & Hill JJ), unreported 24 February 1994)
Repatriation Commission v. Tuite (1993) 39 FCR 540
VG695/95 AUDREY LUCY CRITCH V. REPATRIATION COMMISSION
MERKEL J.
MELBOURNE
8 OCTOBER 1996
IN THE FEDERAL COURT OF AUSTRALIA
MELBOURNE DISTRICT REGISTRY
GENERAL DIVISION
NO. VG 695 OF 1995
On appeal from the Veterans' Appeal Division of the Administrative Appeals Tribunal constituted by Mr. J. Handley, Senior Member, Mr. J. Brassil and Miss A. Shanahan
B E T W E E N:
AUDREY LUCY CRITCH
Applicant
- and -
REPATRIATION COMMISSION
Respondent
Coram:Merkel J
Place:Melbourne
Date:8 October 1996
MINUTES OF ORDERS
The decision of the Administrative Appeals Tribunal is set aside.
The matter is remitted to the Administrative Appeals Tribunal to be determined in accordance with law.
The respondent is to pay the applicant's costs of and incidental to the appeal.
NOTE:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
MELBOURNE DISTRICT REGISTRY
GENERAL DIVISION
NO. VG 695 OF 1995
On appeal from the Veterans' Appeal Division of the Administrative Appeals Tribunal constituted by Mr. J. Handley, Senior Member, Mr. J. Brassil and Miss A. Shanahan
B E T W E…
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- AGLC
- Critch, Audrey Lucy v Repatriation Commission [1996] FCA 881
- Case
- [1996] FCA 881
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