Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Employment, Education, Training & Youth Affairs v Gray [1999] FCA 1150
ADMINSTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether respondent met requirements in AUSTUDY regulations of being a full-time student.
Student and Youth Assistance Act 1973 AUSTUDY Regulations
Secretary, Department of Employment, Education, Training and Youth Affairs v Stojanovic (unreported, Tribunal Decision No 11846) cited CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 followed Re Licensing Ordinance (1968) 13 FLR 143 cited The Commonwealth v Baume (1905) 2 CLR 405 cited R v Bishop of Oxford (1879) 4 QBD 245 cited
SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION,
TRAINING AND YOUTH AFFAIRS v SINCLAIR GRAY NG 880 of 1998 HILL J 13 SEPTEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 880 OF 1998
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS
Applicant
AND: SINCLAIR GRAY
Respondent
JUDGE: HILL J
DATE OF ORDER: 13 SEPTEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 880 OF 1998
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS
Applicant
AND: SINCLAIR GRAY
Respondent
JUDGE: HILL J
DATE: 13 SEPTEMBER 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant, the Secretary, Department of Employment, Education, Training and Youth Affairs ("the Secretary"), appeals from a decision of the Administrative Appeals Tribunal ("the Tribunal") setting aside a decision of the Social Security Appeals Tribunal and remitting to the Secretary Mr Gray's Application for AUSTUDY benefits for the period 18-31 December 1996 with the direction that he be entitled to those benefits. The appeal is an application in the original jurisdiction of the Court and is an appeal on, that is to say limited to a question of law.
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