Baron, Patricia v Director General of Social Security [1983] FCA 128

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CATCHWORDS

Appeal from Administrative Appeals Tribunal ~ Widows' pensiors - meaning of "widow" within meaning of s.59 of the Social Security Act 1947 - extended meaning of widow to include "a woman whose marriage has been dissolved" - whether such expression includes

a woman whose bigamous marriage has been annulled.

Administrative Appeals Tribunal Act 1975, s.44 Social Security Act 1947, s.59

Matrimonial Causes Act 1959, Division II

Acts Interpretation Act 1901, s.15AA(1)

Patricia Baron -v- Director-General of Social Security

No.G247 of 1982

Coram: Evatt, Fisher and Morling JJ.

5 July 1983

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY )} No. G247 of 1982 ) )

GENERAL DIVISION

ON APPEAL from the Administrative Appeals Tribunal

BETWEEN: PATRICIA BARON Appellant

AND: DIRECTOR-GENERAL OF SOCIAL SECURITY

Respondent

ORDER JUDGES MAKING ORDER: Evatt, Fisher and Morling JJ. DATE OF ORDER: 5 July-1983

WHERE MADE: Sydney

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

DISTRICT REGISTRAR

Date Entered:

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G247 of 1982

mw ww

GENERAL DIVISION

BETWEEN: PATRICIA BARON

Appellant

AND: DIRECTOR-GENERAL OF SOCIAL SECURITY

Respondent

CORAM: Evatt, Fisher and Morling JJ. 5 July 1983

REASONS FOR JUDGMENT

This is an appeal pursuant to s.44(1) of the Administrative Appeals Tribunal Act 1975 from a decision of the Administrative Appeals Tribunal (McGregor J.). The proceedings before the Tribunal were an application by the applicant for a review of a decision of a Delegate of the Director-General of Social Security refusing to grant the applicant a widow's pension to which she claimed to be entitled under the provisions of the Social Security Act 1947 ("the Act").