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VeRBosity
Journal of the Veterans' Review Board
Volume 14 No 4
"Their name liveth for evermore"
Roll of honour database on the internet
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Administrative Appeals Tribunal
Gleeson, J F
[Case Note] [Full Text] [RTF]
Kilmaster, G S Equipment borrowed for private purpose - whether injury arose out of service
[Case Note] [Full Text] [RTF]
Anderson, D Assessment of incapacity - accrued rights - whether GARP 5 applicable
[Case Note] [Full Text] [RTF]
Hastings, M M
[Case Note] [Full Text] [RTF]
Witten, G A Trauma to shoulder & hips - clinical onset of diagnosed disease
[Case Note] [Full Text] [RTF]
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Federal Court of Australia
Bramwell Service in Northern Territory during WW2 - test for determining whether operational service
[Case Note] [Full Text]
Forrest and Grundman (resp)
[Case Note] [Full Text]
Garner Dependant of deceased veteran - whether partner of veteran - whether in marriage-like relationship
[Case Note] [Full Text]
Webb (resp)
[Case Note] [Full Text]
Cooke (resp) Psychiatric condition - existence of disease to be decided on civil standard of proof
[Case Note] [Full Text]
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Statements of Principles
This edition of VeRBosity contains reports on five Federal Court decisions relating to veterans' matters handed down in the period from 1 October to 31 December 1998. The case of Webb examines whether the AAT correctly applied the "reasonable hypothesis" provisions in section 120 of the VE Act. Cooke's case deals with the correct standard of proof to be applied in considering whether a veteran with operational service suffers from a particular disease. The Full Federal Court has held that this issue is to be decided on the balance of probabilities and has overruled Preston's case.
Bramwell deals with the AAT's power to determine whether a veteran has rendered operational service and the correct standard of proof to be applied to that issue. Forrest and Grundman is concerned with the AAT's jurisdiction and Garner relates to whether a deceased veteran was living in a "marriage-like relationship" as defined.
This edition includes reports on selected AAT decisions handed down in the period from October to December 1998. Information is also included about new Statements of Principles issued by the Repatriation Medical Authority and matters currently under formal investigation.
Robert Kennedy
Editor
Production editor: Nicky Langhorne
HTML editor: Bruce Topperwien
Contributor: Robert Kennedy
Postal Address:
Woden ACT 2606
Telephone: (02) 6285 1911
Fax: (02) 6289 4848
All opinions or commentary are the personal views of the Editor and are not necessarily those of the Board. Correspondence about the contents of VeRBosity may be directed to the Board's Principal Member or to the editor at the above address. Copies of decisions noted in this edition may be obtained from the Board on (02) 6285 1911.
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