Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis [2012] FCAFC 29

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis [2012] FCAFC 29 Citation: Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis [2012] FCAFC 29

Appeal from: Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis (No 3) [2011] FCA 268

Parties: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS v MICHAEL MOURATIDIS

File number: VID 278 of 2011

Judges: GRAY, FLICK & REEVES JJ

Date of judgment: 19 March 2012

Catchwords: SOCIAL SECURITY – disability support pension – absence from Australia – portability period – extension – whether power to extend portability period beyond date when recipient of pension has returned to Australia – whether Administrative Appeals Tribunal failed to consider whether to extend subsequent period of absence from Australia COSTS – appeal – succeeding on question of law – costs certificate – whether entitlement to certificate or presumption in favour of it – whether necessary to consider circumstances of case – whether circumstances include only disentitling factors

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 20B, 43, 44, 44(1), 44(7) Federal Proceedings (Costs) Act 1981 (Cth) ss 3(1)(e), 6, 6(1), 6(3)(a) Freedom of Information Act 1982 (Vic) Social Security Act 1991 (Cth) Div 2, Pt 4.2, Ch 4, ss 1213, 1214, 1215, 1215(1), 1217, 1217(4), 1218AA, 1218C, 1218C(1), 1218C(2) Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 (Cth) Veterans' Entitlements Act 1986 (Cth) Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148