Hendy v Repatriation Commission

Hendy v Repatriation Commission concerned an appeal to the High Court of Australia from a decision of the Full Federal Court. The appellant, Mr Hendy, sought to challenge the Repatriation Commission's refusal to grant him a pension under the *Veterans' Entitlements Act 1986* (Cth) for a condition he claimed arose from his war service.

The central legal issue before the High Court was the proper interpretation and application of section 120 of the *Veterans' Entitlements Act 1986* (Cth). Specifically, the Court had to determine whether the Commission had correctly applied the statutory presumption contained within that section, which deems certain conditions to have arisen from war service unless the contrary is proven. The appeal also raised questions about the standard of proof required to displace this presumption.

The High Court, in allowing the appeal, held that the Federal Court had erred in its assessment of the evidence. Gleeson CJ and Gummow J found that the Commission had failed to adequately consider all relevant evidence when determining whether the presumption under section 120 had been rebutted. Their Honours emphasised that the statutory presumption is a significant factor in favour of the veteran and requires cogent evidence to displace. The Court reiterated that the ultimate onus remains on the Commission to prove, on the balance of probabilities, that the condition did not arise from war service.

The High Court set aside the orders of the Full Federal Court and remitted the matter to the Repatriation Commission for redetermination in accordance with the reasons of the High Court.