Secretary, Department of Employment, Education, Training & Youth Affairs v Barrett, Suzanne & Anor [1998] FCA 384

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal ("AAT") - students' application for living away from home allowance - whether respondents were isolated students - whether expression "likely" means "more than a remote possibility" - whether AAT considered meaning of "special" - what is meant by "special weather conditions" - whether appropriate causation test was applied by the AAT - whether special weather conditions "caused" the students' inability to travel to school. Student and Youth Assistance Act 1973 (Cth) Acts Interpretation Act 1901 (Cth), s15AA AUSTUDY Regulations: 77 and 78 R v Kearney; Ex parte Jurlama (1984) 158 CLR 426, cited Radio 2UE Sydney Pty Limited v Stereo FM Pty Limited (1982) 44 ALR 557, discussed Tillmanns Butchery Pty Ltd v Australasian Meat Industries Employees Union (1979) 42 FLR 331, discussed Sheen v Fields Pty Ltd (1984) 51 ALR 345, discussed Jungarrayi v Olney (1992) 34 FCR 496, applied Minister for Health and Family Services v Bullivant's National Health Products Pty Ltd (1997) 26 AAR 132, distinguished Re Beadle and Director-General of Social Security (1984) 6 ALD 1, applied Beadle v Director of Social Security) (1985) 60 ALR 225, applied Alphacell Ltd v Woodward [1972] AC 824, distinguished Environment Agency v Empress Cargo (Abertillery) Ltd [1998] 2 WLR 350, distinguished E & MH Stramare Pty Limited (1991) 171 CLR 506, cited Bennett v Minister of Community Welfare (1992) 176 CLR 408, cited Medlin v State Government Insurance Commission (1995) 182 CLR 1, cited SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS v SUZANNE BARRETT AND RALPH ANDREW BARRETT NG 160 of 1997 TAMBERLIN J SYDNEY 15 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 160 of 1997