Federal Court of Australia
JUDGMENT No. 6F&/ B77.
CATCHWORDS
Social Security - General Matters and Statutory Pensions - Rate of
pension - "Income" - of "protected person" under Public Trustee Act 1958 (Vic.) - payments received by Public Trustee within
defined meaning of "income" for purposes of Part III and Part VII of the Social Security Act 1947.
Social Security Act 1947 - ss. 112, 114, 124, 125
Repatriation Act 1920 Public Trustee Act 1958 (Victoria) - ss. 49, 50, S4H, 54I, Sa, 57
Pisak v. Hegedus £1383] 2 V.R. 386
ROBERT GEORGE FLANNERY v. SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY
No. VG7 of 1987
Sweeney, Keely and Jenkinson JJ.
Melbourne 7 December, 1987
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) No. VG? of 1987 GENERAL DIVISION )
ON APPEAL from the Administrative Appeals Tribunal
BETWEEN: ROBERT GEORGE FLANNERY
Applicant AND: SECRETARY TO THE DEPARTMENT. OF SOCIAL SECURITY Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER: Sweeney, Keely and Jenkinson JJ. WHERE MADE: Melbourne DATE OF ORDER: 7 December, 1387
THE COURT ORDERS THAT:
l. The appeal be allowed. 2. The decision in writing dated 24 December 1986 of Administrative Appeals Tribunal be varied
uo
the by
substituting for the word and figures Z September
1984" in paragraph l(a) thereof the word and figures November 1985" and by substituting for the
"13
word
"pension" in paragraph 1(b) and in paragraph 2 thereof
the word "benefit".
3. The respondent's costs of the appeal be paid by applicant. Note: Settlement and entry of orders is dealt with in Order
of the Federal Court Rules.
the
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 7 of 1987 ) )
GENERAL DIVISION
ON APPEAL from the Administrative Appeals Tribunal
BETWEEN
ROBERT GEORGE FLANNERY
Applicant AND: SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY Respondent CORAM : Sweeney, Keely and Jenkinson JJ. PLACE : Melbourne DATE : 7 December, 1987
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