Agnew v Secretary Department of Social Security [1999] FCA 837

FEDERAL COURT OF AUSTRALIA

Agnew v Secretary Department of Social Security [1999] FCA 837 SOCIAL SECURITY – constructive trust – findings of facts – consequences of those findings – intention of the parties – value of disposition PARTNERSHIP – terms of dissolution – existence and nature of partnership debt – amount of debt owing by claimants Social Security Act 1991 (Cth) s 11(1) s 1123, s 1124, Kintominas v Secretary, Department of Social Security (1991) 23 ALD 572 referred to Kidner v Secretary, Department of Social Security (1993) 31 ALD 63 referred to Giumelli v Giumelli (1999) 161 ALR 473 followed Muschinski v Dodds (1985) 160 CLR 583 applied Baumgartner v Baumgartner (1987) 164 CLR 137 applied DEAN HOWARD AGNEW AND ROSEMARY RUTH AGNEW v SECRETARY, DEPARTMENT OF SOCIAL SECURITY NO SG 105 OF 1998 O'LOUGHLIN J 23 JUNE 1999 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 105 OF 1998

BETWEEN: DEAN HOWARD AGNEW

First Applicant

ROSEMARY RUTH AGNEW

Second Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 23 JUNE 1999

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal be set aside. 2. The matter be remitted to that Tribunal for further consideration in terms consistent with these reasons. 3. The respondent pay the costs of the applicants which costs are 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

SOUTH AUSTRALIA DISTRICT REGISTRY SG 105 OF 1998

BETWEEN: DEAN HOWARD AGNEW

First Applicant

ROSEMARY RUTH AGNEW

Second Applicant