Commissioner for Superannuation v. Scott, F.O. [1987] FCA 98

74R Judgement No.../ OZ

eveces Frey

CATCHWORODS

ADMINISTRATIVE LAW - Administrative Appeals Tribunal - Appeal from - Superannuation Act - spouse of eligible employee - wholly or substantially dependent - meaning of substantially -

consideration of question of dependency - question of fact.

Superannuation Act 1976 ss.3,81

COMMISSIONER: FOR SUPERANNUATION Applicant

- and -

FAY OLIVE SCOTT Respondent

Fisher, Spender and Pincus Jd.

Brisbane

11 March 1987.

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) No.G62 of 1986 ) GENERAL DIVISION )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

COMMISSIONER FOR SUPERANNUATION Applicant

- and -

FAY OLIVE SCOTT

Respondent MINUTES OF ORDER JUDGES MAKING ORDER : FISHER, SPENDER & PINCUS Jd. WHERE MADE : BRISBANE DATE OF ORDER : 11 MARCH 1987

THE COURT ORDERS THAT:

The appeal be allowed and the decision appealed from be set aside.

The matter be remitted to the Administrative Appeals Tribunal for reconsideration with a direction that the

word ""substantially"" in the definition of "spouse" in

2.

s.3 of the Superannuation Act 1976 means "in the main"

or "essentially".

There be no order as to the costs of the appeal.

Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

DATE JUDGMENT DELIVERED:

COUNSEL :

for the applicant

for the respondent

No.G62 of 1986

weevvnry

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN :

COMMISSIONER FOR SUPERANNUATION

Applicant

AND: FAY OLIVE SCOTT

Respondent

11 MARCH 1987

Mr. Needham instructed by the Australian Government Solicitor

Mr. Westbrook instructed by Trilby Misso & Co.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY No.G62 of 1986