Russo, Frank v Secretary, Department of Social Security [1997] FCA 716

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 92 of 1995 GENERAL DIVISION ) ON APPEAL FROM A DECISION OF THE DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR B.M. FORREST BETWEEN: FRANK RUSSO Applicant AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY Respondent CORAM: RYAN J DATE: 1 AUGUST 1997 PLACE: MELBOURNE MINUTES OF ORDER THE COURT ORDERS: 1. That the application be dismissed. 2. That the applicant pay the respondent's costs such costs to be taxed in default of agreement. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 92 of 1995 GENERAL DIVISION ) ON APPEAL FROM A DECISION OF THE DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR B.M. FORREST BETWEEN: FRANK RUSSO Applicant AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY Respondent CORAM: RYAN J DATE: 1 AUGUST 1997 PLACE: MELBOURNE REASONS FOR JUDGMENT This is an application by way of appeal from a decision of the Administrative Appeals Tribunal ("the Tribunal") constituted by Deputy President Forrest given on 16 November 1995 affirming the decision given by the Social Security Appeals Tribunal ("the SSAT") on 13 December 1993. The Tribunal on that occasion identified the question before it as being whether the applicant, Mr Russo, was entitled to a Supporting Parent Benefit under the Social Security Act as in force from time to time in respect of a period before 1 November 1984 when he was in fact granted a Supporting Parent Benefit. Mr Russo contended before the SSAT that he was entitled to a Supporting Parent Benefit in respect of the period from 1981 to 1 November 1984. The SSAT rejected that contention and Mr Russo appealed against that rejection to the Tribunal.