Federal Court of Australia
a
wee eee
JUDGMENT No. AAS n BE
CATCHWORDS
SOCIAL SECURITY ~ pensions - qualification to receive age pension arising on the attainment of 60 years of age - application made in writing six months after that date - whether an oral claim should be treated as having been made at
an earlier date.
STATUTORY INTERPRETATION -— whether requirement that application for age pension be in writing mandatory or directory - distinction between mandatory and directory statutory provisions discussed - interpretation of statutory provisions containing both mandatory and directory requirements.
ESTOPPEL - misleading advice by Government department - applicant not submitting claim for pension in reliance on advice - no estoppel to extend authority of decision maker
beyond that given by statute. °
Audit Act 1901
Acts Interpretation Act 1901
Social Securl Ac 7
Administrative Appeals Tribunal Act 1975 Social Security Legislation Amendment Act 1983 Social Security Amendment Act
Treasury Regulations
S.S. Constructions Pty. Ltd. v Ventura Motors Pty. Ltd. [1964] VR
Hunter Resources Ltd. v Melville (1988) 62 ALJR 88
A-G (NSW) Ex Rel. Franklin's Stores Pty. Ltd. v Lizelle Pty. Ltd.
T1577] 2 NSWLR 955 Victoria v The Commonwealth (1975) 134 CLR 81 The Justices of the Peace tor Middlesex v The Queen (1884) 9
App Cas 757 Broadbridge v Stammers (1987) 76 ALR 339
arte
. 2.
Howard v Secretary of State for the Environment [1975] QB 235
NZ Institute of Agricultural Science v Ellesmere County [1976] NZLR
Director-General of Social Services v Hangan (1982) 70 FLR 212
Grunwick Processing Laboratories Ltd. v A visory, Conciliation and Arbitration service [1978] AC 655
The Commonwealth v Crothall Hospital Services (Aust.) Ltd. (1981) 54 FLR 439
Australian Broadcasting Corporation v Redmore Pty. Ltd. (NSW Ct. of Appeal, 54712784, unrep.)
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