Lynam, James Leslie v Director-General of Social Security [1983] FCA 274

CATCHWORDS

ADMINISTRATIVE LAW - Social Security Act - whether woman

living with applicant as his wife on a bona fide domestic

basis although not legally married to him - importance of financial arrangements in determining nature of

relationship.

Social Security Act, 1947, 3s. 106(1), 114(1A), 114(3)

Administrative Appeals Tribunal Act, 1975, s.44

JAMES LESLIE LYNAM v. DIRECTOR-GENERAL OF SOCIAL SECURITY

QLD GS0 OF 1983

FITZGERALD J. BRISBANE 10 OCTOBER 1983

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IN THE FEDERAL COURT OF AUSTRALTA )

QUEENSLAND DISTRICT REGISTRY ) QLD G50 of 1983 GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : JAMES LESLIE LYNAM

Applicant

DIRECTOR-GENERAL OF SOCIAL SECURITY

Respondent

ORDER

JUDGE MAKING ORDER: FITZGERALD J.

DATE OF ORDER: 10 OCTOBER 1983 WHERE MADE: BRISBANE THE COURT ORDERS THAT:

1. The appeal is allowed.

2. The matter be returned to the Tribunal for re-consideration with liberty to receive further evidence if appropriate.

3. The respondent to pay the taxed costs of and incidental to this appeal.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G50 of 1983 GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETVIEEN : JAMES LESLIE LYNAM

Applicant AND: DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent FITZGERALD J. 10 OCTOBER 1983

REASONS FOR JUDGMENT

This 1s an appeal from the Administrative Appeals

Tribunal on a question of law. The Tribunal upheld a departmental decision by which, on 19 September 1981, the unemployment benefit which the applicant was receiving was

cancelled. The Tribunal's decision was delivered on 5 July 1983.

At the time of the decisions of the Department and the Tribunal, the applicant, who is now about 49 years of age, shared a residence with a Mrs C. with whom he first became acquainted in