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Review by Specialist Medical Review Council - revocation of Statement of Principles by RMA - whether jurisdiction to review survives revocation - sound medical-scientific evidence - test for determining inclusion in a Statement of Principles.

FULL TEXT at AustLII

Assessment - special rate - whether war-caused injury or war-caused disease alone render the veteran incapable of undertaking remunerative work - not eligible if other factors play a part or contribute in preventing veteran from undertaking previous kind of remunerative work

FULL TEXT at AustLII

Assessment - submission that Tribunal should have found decision of Veterans' Review Board invalid because it it had no power to reduce rate of pension and breached rules of natural justice.

FULL TEXT at AustLII

Entitlement - the decision-maker must identify the collection of symptoms suffered by the veteran if the nature of the injury or disease claimed is in issue - at step 2 of the Deledio steps the decision-maker must consider all possible SoPs that might relate to any hypotheses raised by the material in connection with that collection of symptoms.

FULL TEXT at AustLII

Powers of Principal Member and Registrars - application to Veterans' Review Board for review of decision of Repatriation Commission - delay in prosecuting application - application dismissed under s 155AB(5) for failure to respond to notice given under s 155AB(4) that application should proceed or reasons for further delay provided - whether notice under s 155AA(4) entitled to be given after elapse of time from expiration of "standard review period" - whether notice could be given by delegate of Principal Member without designating in notice the fact of delegation - whether delegation valid notwithstanding delegator had ceased to occupy office as Principal Member and new Principal Member had made no fresh delegation.

FULL TEXT at AustLII

Entitlement - whether Administrative Appeals Tribunal erred in finding that applicant's back condition was not related to his operational service - whether medical evidence upon which Tribunal relied was highly speculative

FULL TEXT at AustLII

Entitlement - whether disease caused by operational service - meaning of clinical onset of disease in Statement of Principles - timeframe between operational service and clinical onset - where condition is generalised anxiety disorder - whether evidence of doctor of what he was told by patient is probative of facts recounted by patient - whether the Administrative Appeals Tribunal has an obligation under s 120 of the Veterans' Entitlement Act 1986 (Cth) to consider doctor's evidence about what he was told.

FULL TEXT at AustLII

Entitlement to compensation for injury occurring in domestic circumstances - whether injury defence-caused - whether Administrative Appeals Tribunal erred in not concluding that the injury would not have happened but for the applicant having rendered defence service.

FULL TEXT at AustLII

Assessment - special rate of pension - veteran carried on business of property valuer on own account - at time of application veteran undertook six valuations a year each requiring six or seven hours over a number of days - whether prevented from continuing to undertake the remunerative work that he last undertook before the application - relevance of incapacity to work more than eight hours a week - construction of s 24(2A)(d) of the Veterans' Entitlements Act 1986 (Cth) considered.

FULL TEXT at AustLII

Entitlement - whether veteran's death by suicide war-caused - whether hypothesis connecting veteran's death with war service reasonable - whether there was in fact any material pointing to a reasonable hypothesis - whether Tribunal erred in finding no reasonable hypothesis existed - veteran's depression found by Tribunal to have no causal connection with war service - application of Statement of Principles - whether Tribunal placed an evidentiary onus on widow, or misapplied s 119 of Veterans' Entitlements Act 1986 (Cth) - whether Tribunal failed to distinguish "operational service" from "eligible war service" - whether Tribunal erred in application of principles in Repatriation Commission v Deledio (1998) 83 FCR 82 - adequacy of Tribunal's reasons.

FULL TEXT at AustLII

Attendant Allowance - whether Tribunal correctly stated the law and adequately set out its reasons - no failure of procedural fairness in Tribunal not causing independent assessment of applicant's condition to be made - duty of applicant to prove his case - decision upheld.

FULL TEXT at AustLII

Collateral attack on validity of Repatriation Medical Authority Obesity statement - Administrative Appeals Tribunal found applicant's hypothesis connecting his disease with war service was inconsistent with relevant Statements of Principles - "being obese" is a factor that must as a minimum exist in a reasonable hypothesis connecting applicant's disease with war service - definition of "being obese" in Statements of Principles makes reference to Statement About the Causes of "Being Obese" issued by RMA - whether Tribunal erred in considering itself bound by Statement About the Causes of "Being Obese" - whether RMA is precluded from identifying particular types of obesity in its definition

FULL TEXT at AustLII

Service pension - whether veteran rendered qualifying service under s 7A of Veterans' Entitlements Act 1986 (Cth) - whether in military operation against enemy - where not required to be involved in actual personal combat - where found to be in area in which military and aerial operations were conducted - whether incurred danger from hostile forces of the enemy - where travelling aboard troop ship - danger from floating mines.

FULL TEXT at AustLII

Whether generalised anxiety disorder was war-caused - function of the Administrative Appeals Tribunal in determining reasonableness of hypothesis assessed by reference to Statement of Principles

FULL TEXT at AustLII

Veteran's obesity found by Tribunal to be "disease" within s 9(1)(b) of Veterans' Entitlements Act 1986 (Cth) but no causal connection with operational service - no applicable Statement of Principles - failure by Tribunal to consider whether reasonable hypothesis existed

FULL TEXT at AustLII

PRACTICE & PROCEDURE - costs - application for a costs certificate - whether war veterans are entitled to costs certificate due to their "special contribution" - whether costs certificate an alternative to legal aid - relevant consideration

FULL TEXT at AustLII

Entitlement - whether death "war-caused" - whether hypothesis connecting veteran's death with war service reasonable - proper approach to application of Statements of Principles to hypothesis - whether claim can succeed when hypothesis falls outside Statement of Principles

FULL TEXT at AustLII

Entitlement - post-traumatic stress disorder - no dispute before the Tribunal that claimant for pension suffered from post-traumatic stress disorder - whether there was material pointing to a hypothesis that fitted the relevant template in the applicable Statement of Principles - nature of the question to be asked in the inquiry mandated by ss 120(3) and 120A(3) of the Veterans' Entitlements Act - whether Tribunal committed an error of law by asking the wrong question about the existence of the disease instead of about the causal connection between the disease and claimant's war service - error not inconsequential

FULL TEXT at AustLII

Application for special leave to appeal - standard of proof in relation to determining the "kind of injury, disease or death" for the purposes of s120A - whether this is a preliminary issue to be decided under s120(4) before considering s120(1) - dismissed with costs.

FULL TEXT at AustLII

Application for special leave to appeal - standard of proof in relation to determining the "kind of injury, disease or death" for the purposes of s120A - whether this is a preliminary issue to be decided under s120(4) before considering s120(1) - dismissed with costs.

FULL TEXT at AustLII

Application for Special Rate pension - whether veteran had suffered a "loss of earnings on his or her own account" - veteran's last paid remunerative work was running a farming business in partnership with his wife - the business consistently recorded a net loss - whether Administrative Appeals Tribunal erred in law when it held that there had been no loss of earnings - whether earnings should be construed as the veteran's interest in the gross earnings of the partnership.

FULL TEXT at AustLII

Assessment - whether veteran entitled to pension at special rate - applicant suffering from post traumatic stress disorder and alcohol dependence - Tribunal accepted applicant's disabilities but considered that one of the causes for taking early retirement was unrelated to his war-caused disabilities - whether Tribunal erred by failing to properly construe the term "remunerative work that the veteran was undertaking" - whether Tribunal erred by failing to take into account relevant considerations.

FULL TEXT at AustLII

Entitlement - whether respondent's condition of carpal tunnel syndrome was war-caused - whether the evidence before the Administrative Appeals Tribunal raised the connection as a "reasonable hypothesis" - whether evidence before the Tribunal capable of pointing to the "clinical onset" of the respondent's carpal tunnel syndrome within relevant time period.

FULL TEXT at AustLII

Judicial review - application under s39B(1A)(c) of the Judiciary Act 1903 (Cth) seeking review of declarations made by the Specialist Medical Review Council - Whether the Council failed to consider two standards of proof when evaluating the sound medical-scientific evidence concerning the hypothesis that smoking contributes to prostate cancer - whether the Council failed to carry out a review of all the information that was available to the Repatriation Medical Authority when it last amended the relevant Statements of Principle - whether Council can review a Statement of Principles when the Statement of Principles has been revoked and replaced by the authorities.

FULL TEXT at AustLII

Appeal from a decision of a federal magistrate who made orders allowing an appeal from a decision of the AAT and remitting the matter. Errors in explanation of the law to be applied on remittal.

FULL TEXT at AustLII

Offsetting of disability pension for other compensation - Applicant received special rate pension for defence-caused injury under Veterans' Entitlements Act 1986 - where applicant received additional permanent impairment lump sum under Div 4 of Pt II of Safety, Rehabilitation and Compensation Act 1988 (Cth) - Repatriation Commission deducted payments representing lump sum from pension - whether compensation for incapacity in s 74(3) of the Veterans' Entitlements Act included lump sum payment received under Div 4 of Pt II of the Safety, Rehabilitation and Compensation Act

FULL TEXT at AustLII

Assessment - applicant suffered from a number of war-caused and non war-caused diseases and illnesses - applicant ceased employment - whether in assessing applicant's eligibility for a Special Rate pension Tribunal erred in not looking at why applicant ceased last employment - whether evidence before Tribunal that applicant was seeking employment - whether evidence before Tribunal that applicant not able to do remunerative work of the type he had previously been engaged in - failure to give proper, genuine and realistic consideration to issue may be an error of law - need for Tribunal to explain reasoning process.

FULL TEXT at AustLII

Entitlement - whether error in the process used to determine a diagnosis of post-traumatic stress disorder by reference to the Statement of Principles No. 15 of 1994 (Post Traumatic Stress Disorder) - whether the criteria in par 4(a)(i) of the Statement of Principles is to be applied objectively - whether the Tribunal was bound to accept uncontested medical evidence regarding the diagnosis of post-traumatic stress disorder.

FULL TEXT at AustLII

Entitlement - gasto-oesophageal reflux disease - alcohol dependence or alcohol abuse - generalised anxiety disorder - whether TTribunal's failure to provide sufficient reasons constitutes error of law - use of statement of principles.

FULL TEXT at AustLII

Statement of Principles - lumbar disc prolapse - depressive disorder - spondylosis - cigarette smoking - reasonable hypothesis - whether war-caused or "related to service rendered by" the Veteran - whether service aggravated existing condition

FULL TEXT at AustLII

Qualifying service - whether the applicant had rendered service as a member of another Commonwealth country's defence force during a period of hostilities - whether the applicant incurred danger from hostile forces of the enemy

FULL TEXT at AustLII

pension claim - review by Administrative Appeals Tribunal - whether Tribunal could depart from findings affirmed by Veterans' Review Board - whether review confined to assessment of pension rate - whole of decision to be reviewed.

FULL TEXT at AustLII

whether applicant rendered qualifying service pursuant to s 7A Veterans' Entitlements Act 1986 (Cth) and was eligible for a Gold Card - no error of law demonstrated - applicant not entitled to challenge findings of fact made by the Administrative Appeals Tribunal

FULL TEXT at AustLII

Statement of Principles - reasonable hypothesis connecting disease claimed to service - claim for cerebrovascular accident caused by hypertension caused by stress related to service - situation where no statement of principles exists in respect of cerebrovascular accident but there is a Statement of Principles in respect of hypertension - Order in which ss 120A(3) and 120A(4) are to be considered

FULL TEXT at AustLII

Entitlement - lumbar spondylosis - whether a war-caused disease - Tribunal found material pointed to no reasonable hypothesis - whether Tribunal applied legislation correctly - application of statement of principles

FULL TEXT at AustLII

Entitlement - whether Tribunal erred in finding no reasonable hypothesis - application of standard of proof and Statements of Principles

FULL TEXT at AustLII

Entitlement - accrued rights - whether the AAT erred in applying a Statement of Principle not in force at time of initial application

FULL TEXT at AustLII

Entitlement - accrued rights - whether the AAT erred in applying a Statement of Principles not in force at time of initial application

FULL TEXT at AustLII

Assessment of rate of disability pension - applicant with accepted war-caused conditions - whether war-caused conditions alone rendered applicant incapable of undertaking remunerative work - whether applicant eligible for Special (Totally and Permanently Incapacitated) Rate of Pension - whether Tribunal correctly stated the law and adequately set out its reasons

FULL TEXT at AustLII

Entitlement - characterisation of condition - whether decision maker obliged to limit determination to case articulated by applicant - standard of proof - stages of decision making envisaged by Veterans' Entitlements Act 1986 - whether a Statement of Principles made under Part XIA of Veterans' Entitlements Act 1986 relevant to diagnosis of relevant injury, disease or death

FULL TEXT at AustLII

whether Tribunal misapplied test of whether a reasonable hypothesis connecting death to war service was raised on material before it - what is required or meant by a reasonable hypothesis - hypothesis must be pointed to - nature of Tribunal's function at hypothesis stage - where Tribunal held reasonable hypothesis not raised on material - where primary judge held no error of law by Tribunal in deciding that question of fact - no error in primary judge holding Tribunal's conclusion open to it - appeal dismissed

FULL TEXT at AustLII

Whether post traumatic stress disorder a war-caused disease - whether reasonable hypothesis raised connecting the disease with eligible war service - whether hypothesis fits the template in the relevant Statement of Principles - whether established beyond reasonable doubt that disease was not war-caused - whether Administrative Appeals Tribunal failed to consider alternative claim based on psychoactive substance abuse or dependence - appeal allowed. (Note the Repatriation Commission has appealed to the Full Court from this judgment.)

FULL TEXT at AustLII

Application for special leave to appeal - dismissed - the applicant was seeking special rate, which he could not get unless the condition of lumbar spondylosis was an accepted disability.

FULL TEXT at AustLII

Veterans' entitlements - pension - injury suffered on ship in course of journey to Korea - injured serviceman returned to Australia from Japan - no actual service rendered in operational area - whether deemed to have rendered operational service

FULL TEXT at AustLII

Procedural fairness - review of pension -whether the Commission may cancel or vary a pension or allowance upon the ground that it is no longer of the view that a relevant capacity was "war-caused" - construction of subs 31(6) of the Veterans' Entitlements Act 1986 (Cth) - matter not before the Commission, Board or Tribunal

FULL TEXT at AustLII

special rate pension application - last paid work - whether accountancy work undertaken on veteran's own account for a continuous period of 10 years - whether Tribunal erred in its construction of s 24(2A)(g) - meaning of "remunerative work" within statutory definition - no error in AAT's findings.

FULL TEXT at AustLII

Death claim - Veteran died from metastatic carcinoma of unknown primary - Hypothesis advanced to Administrative Appeals Tribunal that veteran contracted Helicobacter pylori infection at Morotai, while on operational service, and this caused stomach cancer - No direct evidence that veteran suffered either H pylori infection or stomach cancer - Statement of Principles concerning malignant neoplasm of the stomach specified H pylori infection as a factor supporting causation - Tribunal rejected the hypothesis because of the absence of facts that would "allow the Tribunal to establish" the elements of the hypothesis - Test to be applied by Tribunal pursuant to s 120(3) of Veterans' Entitlements Act - Whether Tribunal erred in law in test applied.

FULL TEXT at AustLII

Claim by widow of veteran for pension on grounds that death of husband was war-caused - whether reasonable hypothesis connecting the veteran's injury with war service - application of Statements of Principles - reasonableness of hypothesis.

FULL TEXT at AustLII

The essential issue in the appeal relates to the meaning of the definition of `stressful event' in the Statement of Principles, Instrument No 49 of 1994, concerning Generalised Anxiety Disorder.

FULL TEXT at AustLII

Standard of proof to be applied to claims - whether the respective tests as to the reverse onus upon Commission as to satisfaction beyond reasonable doubt concerning war-caused injury and as to civil onus as to remaining elements required for decision-making operated in mutual exclusive way - issue resolved in affirmative.

FULL TEXT at AustLII

Claim by veteran for post traumatic stress disorder, respiratory incapacity and thoraco-lumbar spondylosis - where the Tribunal found applicant did not satisfy the standard of proof prerequisites for post traumatic stress disorder - where Tribunal found that applicant did not suffer any incapacity from respiratory disease - where Tribunal found that the applicant's spondylosis was not war caused - whether Tribunal erred in its interpretation of ss 9, 19 and 120 of the Veterans' Entitlements Act - whether Tribunal erred in its interpretation of the post traumatic stress disorder and spondylosis instruments.

FULL TEXT at AustLII

This is an appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) against a decision of the Administrative Appeals Tribunal (the Tribunal) given on 16 March 2001. The decision affirmed a decision of the Veterans' Review Board which in turn had confirmed the decision of a delegate of the Repatriation Commission to refuse a claim for acceptance of various conditions including lumbar spondylosis and internal derangement of the applicant's left knee as being caused by eligible defence service. The decision of the Administrative Appeals Tribunal was set aside.

FULL TEXT at AustLII

Statements of Principle relating to connection between incapacity or death and war service for pension purposes - governing assessment of review of decision - characterisation and role of Statement of Principle - earlier Statement of Principle repealed - whether accrued right to have claim reviewed by reference to Statement of Principle in force at time of claim - nature of right.

FULL TEXT at AustLII

claim by widow for pension - appeal from review of decision of Administrative Appeals Tribunal affirming decision that veteran's death not war-caused - Statements of Principle governing assessment of review - where Statement of Principle in force at time of claim later repealed - claimant entitled to rely on later Statement of Principle - Keeley and Gorton applied - on question of whether condition causing death was caused by smoking - steps that Tribunal required to take in reaching finding of causation - Tribunal erred in circumstances in requiring claimant to prove existence of facts founding hypothesis - appeal dismissed.

FULL TEXT at AustLII

The applicant, the Repatriation Commission, appeals pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision by the Administrative Appeals Tribunal to the effect that it was not satisfied beyond a reasonable doubt that the respondent's incapacity caused by diverticular disease of the colon did not arise from a war-caused injury. In consequence, the Tribunal assessed the pension payable to Mr Swinden at 100% of the General Rate.

FULL TEXT at AustLII

The debate between the parties concerns an aspect of a claim for a special rate of pension pursuant to s 24 of the Act, namely, one issue as to the proper construction of s 24(2)(b) of the Act. That subsection relates back to s 24(1)(c).

FULL TEXT at AustLII

Application for Special Rate pension - whether veteran had suffered a "loss of earnings on his own account" - where veteran's last paid remunerative work was running his farming business - where the farming business consistently recorded a net loss for for taxation purposes.

FULL TEXT at AustLII

Application for special rate of pension - meaning of "last paid work" in Veterans' Entitlements Act 1986 (Cth) par 24(2A)(d) - veteran did not qualify for special rate as at time when he stopped undertaking his last paid work he had not been working on his own account in his profession for a continuous period of at least ten years, as required by par 24(2A)(g).

FULL TEXT at AustLII

Error of law whether Tribunal failed to apply the correct statutory test - whether Tribunal omitted to appraise testimony of veteran and of expert medical practitioners upon the basis of supporting reasonable hypothesis in conformity with applicable Statements of Principle issued by the Repatriation Medical Authority - whether Tribunal in substance and reality erred by determining instead whether it was satisfied beyond reasonable doubt that the veteran sustained the injuries the subject of the hypothesis which he had advance.

FULL TEXT at AustLII

Appeal from Administrative Appeals Tribunal - Error of law s 44 Administrative Appeals Tribunal Act 1975 (Cth) -REPATRIATION - Entitlement to Pension - Hypertension - whether war caused - whether Applicant's service related ingestion of salt supplements satisfies requirement of factor (c) of the SoP - Appeal dismissed - No error of law

FULL TEXT at AustLII

Entitlement - considerations in raising a hypothesis under Deledio step 1 - Bey, East followed - the question is not whether an hypothesis of connection would be reasonable if some factor were ignored; the question is answered by reference to the whole of the material - a hypothesis will not be raised if there is no direct material before the decision-maker going to the central part of the hypothesis of connection between war service and the suggested causal factor.

FULL TEXT at AustLII

Determination whether disease contracted as claimed - relevance of diagnostic criteria in definition of disease in Statement of Principles - standard of proof - whether obliged to determine other conditions not the subject of the pension claim were war-caused - Budworth and Meehan disapproved - Cooke applied

FULL TEXT at AustLII

Veteran died of coronary atherosclerosis - Veteran commenced to smoke during war-service - Issue before Administrative Appeals Tribunal as to whether veteran's death resulted from smoking - Repatriation Medical Authority had issued two Statements of Principles concerning ischaemic heart disease: SoP 80 of 1998, in force at date of veteran's death and initial decision refusing application for pension, and SoP 38 of 1999, in force at date of Tribunal decision - Tribunal rejected applicant's appeal, relying on SoP 80 of 1998 - Whether applicant entitled to rely on SoP 38 of 1999 - Whether Tribunal erred in its interpretation of SoP 80 of 1998 - Whether Tribunal's methodology conformed with the requirements of s 120 of Veterans' Entitlements Act

FULL TEXT at AustLII

Claim by veteran of generalised anxiety disorder resulting from naval service in Vietnam - Finding made by Tribunal, on balance of probabilities, that veteran suffered the disorder prior to his naval service and it was not aggravated by his visits to Vietnam - Whether this constituted an error of law - Significance of aggravation of an ailment or disorder itself being a "disease" - Whether the existence of a particular disease (as distinct from the veteran suffering some relevant disease) is to be determined by reference to the balance of probabilities, rather than the reverse criminal standard - Course appropriate to be undertaken where there is no agreement as to whether an applicant suffers a particular disease

FULL TEXT at AustLII

applicable statement of principles - whether applicable statement of principles one in force at time of Commission's decision refusing pension or at time of decision of Administrative Appeals Tribunal or at any time between those two times at which a statement of principles more favourable to veteran was in force

FULL TEXT at AustLII

Qualifying service - whether locating and repatriating prisoners of war can be characterised as military operations against the enemy

FULL TEXT at AustLII

Claim for service pension - meaning of allotted for duty - circumstances in which repealed definition will apply by virtue of transitional provision.

FULL TEXT at AustLII

Meaning of operational service - member of Defence Force allotted for duty in operational area, but injured en route and never actually served in that area - whether deemed to have rendered service in that area.

FULL TEXT at AustLII

Statement of Principles made after application for review filed with Tribunal but before determination of the Tribunal - whether Statement of Principles should have been applied by Tribunal - effect of s120A Veterans' Entitlements Act 1986 - whether s120A "affected" a right.

FULL TEXT at AustLII

Requirement on AAT to consider whether to exercise discretion under ss 31(6) and 31(7) of the Veteran's Entitlement Act 1986 (Cth) ("the Act") to backdate a reduction in pension - standard of proof to be applied to questions of diagnosis and causation - must be shown on balance of probabilties that a disease exists - no requirement to prove that the disease has a specific medical label - if questions of causation arise on the question whether a disease exists the reverse criminal standard applies - nature of proceedings before AAT - the way in which parties conduct a case ultimately reviewing a decision of the Repatriation Commission does not relieve the duty of the AAT to consider whole case - circumstances in which a lay tribunal may draw inferences and conclusions as to medical conditions absent expert medical evidence

FULL TEXT at AustLII

Whether the AAT properly applied the test in Repatriation Commission v Deledio (1998) 83 FCR 82 - whether the AAT ought to have applied the Statement of Principles in effect at the time of its decision.

FULL TEXT at AustLII

Whether "acute...signs of pain" in the relevant Statement of Principles means "severe" pain - whether Tribunal failed to address the correct question - whether proof of facts in issue in determining whether the facts raised by the claimants gave rise to a reasonable hypothesis - whether matter should be remitted to the Tribunal.

FULL TEXT at AustLII

Whether Tribunal approached matter correctly pursuant to s 120(3) of the Veterans' Entitlements Act 1986 (Cth) - whether Tribunal assessed case by reference to all material before it - whether Tribunal erred in application of relevant law - whether Tribunal erred in assuming it was obliged to accept hypothesis as reasonable because expert not shown not to be appropriately qualified - whether observations by Tribunal infelicitous - whether incorrect statement of law basis of decision - whether open to Tribunal on facts to find hypothesis reasonable.

FULL TEXT at AustLII

Application for pension to be paid at special rate pursuant to s 24 of Veterans' Entitlements Act 1986 (Cth) - amendments to Act in 1994 restrict availability of special rate - whether claims for special rate based upon lumbar spondylosis made and determined prior to amendments render restrictive conditions inapplicable - whether restrictive conditions to be applied to claim for special rate made in May 1995 based upon same condition - whether AAT gave adequate reasons for decision.

FULL TEXT at AustLII

War widow's pension - reasonable hypothesis that death war-caused - whether the Administrative Appeals Tribunal ("AAT") erred in holding that no hypothesis was raised - whether the AAT erred in holding that the hypothesis was not recoverable - where the hypothesis required that no one factor be assumed.

FULL TEXT at AustLII

Application for review - where parties agreed to a particular staement of principles being applied - whether the decision could be reviewed if that was the wrong statement of principles to apply.

FULL TEXT at AustLII

Assessment - special rate - whether failure to act according to substantial justice and substantial merits of case - nature of remunerative work undertaken by veteran

FULL TEXT at AustLII

Entitlement - whether alcohol consumption service related - whether AAT made factual findings rather than deciding whether hypothesis raised - appeal allowed

FULL TEXT at AustLII

Assessment - extreme disablement adjustment - lifestyle rating - whether subcriteria in GARP merely illustrative - appeal dismissed.

FULL TEXT at AustLII

Entitlement - whether veteran's osteoarthritis to the knees was war-caused - whether correct Statement of Principles was applied - trauma - whether failure to apply correct Statement of Principles constitutes a relevant error of law - whether evidence satisfied Statement of Principles - whether Tribunal correctly applied relevant provisions under Veterans' Entitlements Act 1986 - whether Tribunal correctly applied Repatriation Commission v Deledio (1998) 83 FCR 82 - whether Tribunal provided adequate reasons for decision - appeal dismissed.

FULL TEXT at AustLII and ScalePlus

Statement of Principles - whether accrued right to have earlier, more favourable SoP apply - special leave to appeal refused.

Transcript of special leave hearing at AustLII

Statement of Principles - whether primary judge misconstrued definition of "trauma to the lumbar spine" in relevant Statement of Principles - whether failure to remit proceedings notwithstanding errors of law by the Administrative Appeals Tribunal - whether primary judge justified in dismissing application - whether point not taken before the primary judge could be taken on appeal.

FULL TEXT at AustLII

Practice and procedure - alleged concession in pre-hearing negotiations at AAT - whether estoppel applied to prevent Repatriation Commission from retracting the concession - application to AAT still on foot at time of Federal Court appeal - appeal to Federal Court struck out as not concerning a "matter arising under a law of the Parliament" for purposes of s39B(1A) Judiciary Act 1903.

FULL TEXT at AustLII

Entitlement - whether veteran's lumbar spondylosis was war-caused - whether evidence satisfied Statement of Principles - whether reasonable hypothesis raised on evidence before Tribunal - whether Tribunal followed correct procedure under s 120 of Veterans' Entitlements Act 1986 - whether Statement of Principles correctly interpreted by AAT - whether s 119 correctly applied - whether Tribunal imposed onus of proof on applicant - whether Tribunal erred in not providing written reasons for decision.

FULL TEXT at AustLII

Entitlement - Lumbar spondylosis - Whether war caused - Statement of Principles containing factors connecting lumbar spondylosis with service - Administrative Appeals Tribunal applies wrong Statement of Principles - Correct Statement of Principles in substantially same terms - Whether matter should be remitted - Acute symptoms and signs of pain - Meaning of "acute" - AAT required to take into account any difficulties that lie in way of ascertaining existence of any fact or circumstance - Meaning.

FULL TEXT at AustLII

Assessment - whether AAT erred in law in finding appellant ineligible for intermediate or special rate of pension - Tribunal found appellant suffered incapacity from accepted disability of leptospirosis during first two of three periods under review but not during third period - Tribunal found chronic fatigue syndrome ("CFS") was main factor in appellant's inability to work or to seek work work - Tribunal also found that symptoms of CFS should not be regarded as ongoing effects of leptospirosis - whether Tribunal applied "Guide to the Assessment of Rates of Veterans' Pensions" ("the Guide") when deciding whether entitlement to intermediate or special rate of pension - whether it would have been in error to so apply the Guide - whether Tribunal erred in its application of the only factor test in ss 23(1)(b) and (c), and 24(1)(b) and (c) of Veterans' Entitlements Act 1986 (Cth).

FULL TEXT at AustLII

Assessment - whether glaucoma is a sequela of veteran's accepted war-caused cerebrovascular disease - whether Guide to Assessment of Rate of Veterans' Pensions correctly applied - whether inconsistency between general instructions to Guide and chapter of Guide - appeal allowed.

FULL TEXT at AustLII

Entitlement - Statements of Principles - no SoP in force at time of claim - SoP determined before Commission's decision - no accrued right to have pre-SoP law apply - Ogston followed and applied - appeal refused.

FULL TEXT at AustLII

Entitlement - Statements of Principles - no SoP in force at time of Commission's decision - SoP determined after AAT appeal - accrued right to have pre-SoP law apply - AAT not bound to apply SoP - appeal upheld - remitted for rehearing.

FULL TEXT at AustLII

Assessment - special rate - 1993 decision of AAT awarding veteran pension at Intermediate Rate - Application now made for Special Rate pension - In 2000 AAT found total and permanent incapacity (that is, inability to work more than eight hours per week) but refused application because it was not satisfied that veteran suffered economic loss - Whether AAT erred in law in considering only whether the veterans' position, in relation to economic loss, had deteriorated since 1993 - Whether the Tribunal erred in law in regarding a dog breeding activity of the veteran as a mere hobby and irrelevant in relation to economic loss - appeal upheld - remitted for rehearing.

FULL TEXT at AustLII

Entitlement - material required to raise a reasonable hypothesis in accordance with a factor in a Statement of Principles - whether and in what circumstances assumptions can be made in relation to elements of a factor in a Statement of Principles - application of Statement of Principles defining "trauma to the lumbar spine" - whether AAT correctly applied the third stage of Deledio - assumed facts - whether "acute signs and symptoms of ... altered mobility ... " could have been assumed by the Tribunal based upon the material before it - appeal dismissed.

FULL TEXT at AustLII

Entitlement - material required to raise a reasonable hypothesis in accordance with a factor in a Statement of Principles - whether and in what circumstances assumptions can be made in relation to elements of a factor in a Statement of Principles - appeal dismissed.

FULL TEXT at AustLII

Vehicle Assistance Scheme - meaning of 'condition similar in effect or severity' - appeal allowed.

FULL TEXT at AustLII

Natural justice - point decided adversely to applicant after indication from AAT that no address was required - whether setting aside of decision would be futile - correct test.

FULL TEXT at AustLII

Application for special leave to appeal to High Court - standard of proof - whether AAT misapplied s120(1) and (3) - conflict in medical evidence - whether such conflict must be resolved in claimant's favour - application for special leave refused.

Transcript of argument

Standard of proof - whether certain material was excluded or ignored by the AAT - whether the material before the Administrative Appeals Tribunal pointed to the reasonable hypothesis - appeal dismissed.

FULL TEXT at AustLII

Statements of Principles - aggravation - inability to obtain appropriate clinical management - no evidence on which AAT could have found that veteran was unable to obtain appropriate clinical management - no finding as to what would have been appropriate clinical management at the time of service - diagnostic limitations at time of service but no evidence that those limitations were due to service - Court declined to decide whether Johnston's Case (HC or FFC) applicable - failure of AAT to give adequate reasons - appeal allowed.

FULL TEXT at AustLII

Statements of Principles - accrued rights - whether most recent SoP applies - SoP at time of Repatriation Commission decision applies - appeal dismissed.

FULL TEXT at AustLII or at ScalePlus

Statements of Principles - no SoP when claim lodged - relevant SoP determined after claim lodged - not significantly different from facts in Ogston - single judge bound by Full Court's judgment in Ogston - decision-maker bound to apply SoP.

FULL TEXT at AustLII or at ScalePlus

Statements of Principles - formulation by Repatriation Medical Authority - review by Specialist Medical Review Council - "available" - "sound medical-scientific evidence" - "meets the criteria".

FULL TEXT or Full Text at AustLII

Assessment - special rate - whether Tribunal in error of law in concluding the veteran was by reason of incapacity from war-caused condition "alone" prevented from continuing to undertake remunerative work - whether Tribunal in error of law in understanding the word "alone" - whether Tribunal in error of law in not regarding finding of causative effect of war-caused condition as conclusive - whether Tribunal in error of law in combining consideration of war-caused condition and non war-caused condition.

FULL TEXT

Assessment - GARP - application of tables - averaging over periods - intermittent conditions - chronic fatigue syndrome not claimed but said to be sequela of accepted disability - application of Owen v Repatriation Commission - special rate - findings of fact - nature of judicial review

FULL TEXT

Assessment - special rate - over 65 - continuity of work for over 10 years - s24(2A)(g)

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Application for not making costs order - application refused - costs awarded to the Repatriation Commission

FULL TEXT

Application for special leave to appeal - Statements of Principles - chain of SoPs - McKenna (FFC) considered - whether an accrued right not to have a SoP apply - special leave refused

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Special rate - relationship between loss of remuneration and injury - where war injuries not sole contributing factor to cessation of paid work - whether monies recovered qualify as remunerative work

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Special rate - whether veteran over 65 years of age is prevented from continuing to undertake the remunerative work he was last undertaking - whether tribunal required only to address questions raised by "the case" put by an applicant - whether the tribunal addressed the questions required to be addressed by s 24(2A)(d)

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Whether the Administrative Appeals Tribunal ("the AAT") erred in law by regarding appropriate clinical management as referable to current rather than the prevailing medical standards during the time of the veteran's war service - whether the AAT erred in law in finding that the veteran's disease was aggravated or contributed to by war service.

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Review of decision not to grant applicant assistance under Vehicle Assistance Scheme - whether applicant incapacitated by reason of a condition similar in effect or severity to that of a multiple amputee - whether Commission erred in not considering most recent evidence provided to it by applicant - interpretation of section 105(5)(d) Veterans' Entitlements Act

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Widow's claim - whether smoking-related death - whether reasonable hypothesis that veteran's commencement of smoking attributable to eligible war service - young soldier commencing smoking in camp - whether peer group pressure - whether every element of hypothesis required to be proved by evidence

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Special rate pension - veteran over 65 - medical practitioner in private practice - locum engagements - whether working for a continuous period of at least 10 years

WORDS AND PHRASES - "continuous period"

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Claim for pension on the basis that disease and subsequent death war-caused - whether the AAT ("the Tribunal") erred in finding no reasonable hypothesis linking the veteran's cancer of the oesophagus and his exposure to DDT during operational service - whether the Tribunal was entitled to conclude on the evidence before it that the hypothesis was not reasonable - manner is which Tribunal has regard to expert evidence

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