Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCAFC 81 Citation: Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCAFC 81
Appeal from: Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (No 2) [2011] FCA 1207
Parties: GORDON EVANS AS EXECUTOR FOR THE ESTATE OF THE LATE JOAN GLADYS EVANS v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
File number: NSD 2014 of 2011
Judges: RARES, BUCHANAN AND GRIFFITHS JJ
Date of judgment: 1 June 2012
Corrigenda: 13 June 2012 8 June 2012
Catchwords: CONTRACT – oral contract alleged to have been made between a parent and adult child – whether "rebuttable presumption" exists in Australian law that family arrangement between a parent and (adult) child not intended to create contractual relations – whether other evidence of contract Held: to ascertain whether parties, including parent and (adult) child intend to enter into contractual relations the Court assesses the state of affairs objectively – no presumption that particular persons not intend to enter contractual relations – no sufficient evidence of contract before Administrative Appeals Tribunal
Legislation: Social Security Act 1991 (Cth) ss 1123,1124 Cheshire and Fifoot's Law of Contract (9th Austn Ed)
Cases cited: Ashton v Pratt [2012] NSWSC 3 not followed Catena v Australian Securities and Investments Commission (2011) 276 ALR 25 applied Darmanin v Cowan [2010] NSWSC 1118 not followed Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 applied Gray v Gray [2004] NSWCA 408 distinguished Jones v Padavatton [1969] 1 WLR 328 not followed McDonald v Director-General of Social Security (1984) 1 FCR 354 applied Selen v Selen [2011] Fam CA 310 not followed SZBEL v Minister for Immigration and Indigenous Affairs (2006) 228 CLR 152 applied Tadrous v Tadrous [2010] NSWSC 1388 referred to Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1 applied Xu v Shi [2009] NSWSC 955 referred to
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