Practice notes

Application for above general rate of pension – whether respondent prevented from engaging in remunerative work by defence-injuries alone – whether Tribunal misconstrued the “alone” test by limiting its consideration to diagnosed medical conditions – whether Tribunal failed to consider respondent’s substance abuse disorder as a causative factor for incapacity to undertake remunerative work – whether Tribunal’s findings were illogical or irrational – whether Tribunal failed to provide reasons.

Application for special rate – whether application lodged before applicant turned 65 – section24(2A) applicable - whether applicant was engaged in “remunerative work”– whether primary judge misconstrued “working…for a continuous period of at least 10 years”.

Application for disability pension – whether depressive disorder is related to defence service – application of SoP – whether the Tribunal erred in law in finding insufficient evidence that the applicant suffered a category two stressor – where it was manifestly unreasonable for Tribunal to conclude there was no sufficient evidence.

Reasonable hypothesis test – no relevant Statement of Principles – chronic irritable cough syndrome – exposure to insecticides

Intermediate and special rate – whether the Tribunal erred in misconstruing s 23(1)(c) by reference to s 23(3)(a)(i) and s 24(1)(c) by reference to s 24(2)(a)(i) – Tribunal failed to consider whether veteran not seeking remunerative work for reasons other than his war-caused disabilities – whether the Tribunal failed to give adequate reasons.

Application for special rate – whether AAT erred in its construction of s24(2)(b) by requiring a “liberal and beneficial” approach to the extent and nature of the veteran’s war-caused injuries – whether AAT erred in determining that the veteran’s war-caused injuries were the “substantial cause” of his inability to obtain remunerative work.

Whether the Tribunal erred in law because it made a finding that the applicant did not experience a stressor in the SoP otherwise than being satisfied beyond reasonable doubt in accordance with stage four of Deledio.

Appeal from AAT – questions of law – no questions of law stated in notice of appeal – questions formulated in written submissions and argument