Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Family & Community Services v Mourilyan [2002] FCAFC 207
SOCIAL SECURITY - entitlement to Disability Support Pension - whether interest awarded on past loss of earnings is compensation made wholly or partly in respect of lost earnings or lost capacity to earn – construction of s 17(2) of the Social Security Act 1991 (Cth) – whether there existed a discernible rational relationship between the interest awarded and the respondent's past loss of earnings. WORDS AND PHRASES – "in respect of"
Social Security Act 1991 (Cth), ss 17(2), 17(3), 17(4), 1163, 1164, 1165(2AA), 1165(5), 1165(8), 1165(9), 1179, 1184 Social Security Act 1947 (Cth) Workers' Compensation Act 1990 (Qld) WorkCover Queensland Act 1996 (Qld) Supreme Court Act 1995 (Qld), s 47(1)
Hungerfords v Walker (1988) 171 CLR 125 – discussed The Trustees Executors & Agency Co Ltd v Reilly [1941] VLR 110 – cited State Government Insurance Office (Queensland) v Crittenden (1966) 117 CLR 412 – referred to McDowell v Baker (1979) 26 ALR 277 – referred to State Government Insurance Office v Rees (1979) 144 CLR 549 – discussed Secretary, Department of Social Security v a'Beckett (1990) 26 FCR 349 – discussed MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 – referred to Batchelor v Burke (1981) 148 CLR 448 – referred to Technical Products Pty Ltd v State Government Insurance Office (Queensland) (1989) 167 CLR 45 - discussed SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES v KEVIN MOURILYAN Q.273 of 2001 HEEREY, MANSFIELD & HELY JJ 3 JULY 2002 ADELAIDE (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q273 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES
APPELLANT
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