Secretary, Department Social Security v. Copping, R. & Anor [1987] FCA 280

CATCHHORDS

Administrative Law - Administrative Appeals Tribunal - appeal

from - statutory interpretation - Social Security Act s.6 AD -

income reasonably to be expected to be derived - relevance of

economic and personal considerations.

Social Security Act 1947, s.6 AD

Re Butler and Secretary to the Department of Social Security (unreported —- Administrative Appeals Tribunal)

Clyne v. Deputy Commissioner (1981) 150 C.L.R. 1.

Matter No. Gi5 of 1987 SECRETARY, DEPARTMENT OF SOCIAL SECURITY and ROSS BODEY COPPING

and IRMA COPPING

FORSTER, JENKINSON & BURCHETT JJ. ADELAIDE 1 JUNE 1987

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G15 of 1987 ) )

GENERAL DIVISION

On Appeal from the Administrative Appeals Tribunal

BETWEEN:

SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant - and -

ROSS BODEY COPPING and IRMA COPPING

Respondents

MINUTE OF ORDERS

FORSTER, JENKINSON &

JUDGES MAKING ORDERS BURCHETT JJ.

WHERE MADE 1 ADELAIDE

DATE OF ORDERS : 1 JUNE 1987

THE COURT ORDERS THAT:

1. The Appeal be dismissed.

2. The Applicant pay the Respondents' costs.

Note: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G15 of 1987 ) GENERAL DIVISION )

On Appeal from the Administrative Appeals Tribunal

BETWEEN: SECRETARY, DEPARTMENT OF SOCIAL SECURITY Applicant - and -

ROSS BODEY COPPING and IRMA BERRY COPPING

Respondents

CORAM: Forster, Jenkinson & Burchett JJ.

DATE: 1 June 1987

PLACE: Adelaide

REASONS FOR JUDGMENT FORSTER J.

I have had the advantage of reading in draft the reasons for judgment of Jenkinson and Burchett JJ. I agree with what

both of their Honours say and with the orders proposed.

I certify that this is a true copy of the Reasons for gudgment of Mr eg) Forster.

Associate bol

Dated: , FSF