Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SOCIAL SECURITY - appeal against AAT decision to grant disability support pension from 1989 – whether error of law in granting disability support pension from date preceding introduction of disability support pension – whether findings wholly unsupported by the evidence Social Security Act 1947 (Cth) Social Security Act 1991 (Cth) Social Security (Disability and Sickness Support) Amendment Act 1991 (Cth) Acts Interpretation Act 1901 (Cth) s 8 Re Simek and Secretary, Department of Social Security (1991) 24 ALD 727 followed Re Cirkovski and Secretary, Department of Social Security (1992) 25 ALD 564 followed Borkovic v Minister for Immigration etc (1981) 39 ALR 186 followed Commissioner for Government Transport v Adamcik (1961) 106 CLR 292 followed
SECRETARY, DEPARTMENT OF SOCIAL SECURITY v ANNA COSMANO
NO. TG 4 OF 1998
SECRETARY, DEPARTMENT OF SOCIAL SECURITY v carmine COSMANO
NO. TG 5 OF 1998
HEEREY J
23 december 1998
MELBOURNE (heard in hobart)
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 4 of 1998
BETWEEN: SECRETARY DEPARTMENT OF SOCIAL SECURITY
Applicant
AND: ANNA COSMANO
Respondent
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 5 of 1998
BETWEEN: SECRETARY DEPARTMENT OF SOCIAL SECURITY
Applicant
AND: carmine cosmano
Respondent
JUDGE: HEEREY J
DATE: 23 december 1998
PLACE: MELBOURNE (HEARD IN HOBART)
THE COURT ORDERS THAT: 1. In proceeding TG 5 of 1998: (a) the decision of the AAT dated 6 March 1998 be set aside; (b) the matter be remitted to the AAT to be determined according to law; and (c) there be no order as to costs. 2. In proceeding TG 4 of 1998: (a) the decision of the AAT dated 6 March 1998 be set aside; (b) the respondent's entitlement to an associated wife pension be determined following the ascertainment of Mr Carmine Cosmano's entitlements; and (c) there be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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