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Ralph v Repatriation Commission [2016] FCAFC 89

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DEFENCE AND WAR - Veterans' entitlements - application for special rate of pension under Veterans' Entitlements Act 1986 (Cth) - whether application lodged prior to applicant turning 65 - delivery and receipt - by s 5T(2) lodgment taken to occur on receipt - application, if any, of s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 of the Evidence Act 1995 (Cth) - whether application lodged at approved place under s 5T(2) - no legal error - appeal dismissed DEFENCE AND WAR - Veterans' entitlements - application for special rate of pension under s 24(2A) of the Veterans' Entitlements Act 1986 (Cth) - whether applicant was engaged in "remunerative work" - whether primary judge misconstrued "working ... for a continuous period of at least 10 years" - Veterans' Entitlements Act 1986 (Cth) ss 24(2A)(d), 24(2A)(g) - no legal error - appeal dismissed COSTS - whether to exercise discretion that costs follow the event - whether issue was of wider public interest - anomaly in drafting of s 24(2A)(g) of the Veterans' Entitlements Act 1986 (Cth) - anomaly warrants departure from usual order - no order as to costs

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