Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King v Secretary, Department of Family & Community Services [2000] FCA 111
SOCIAL SECURITY – family allowance – maintenance income received – calculation of annual rate of maintenance income for purpose of reduction of family allowance rate payable – calculation on monthly basis of maintenance income payments made – irregular payments – annual rate should be calculated by summing payments of maintenance income actually made – distinction between "annual rate" and "annual amount".
Child Support Registration and Collection Act 1988 (Cth) s 76
Social Security Act 1991 s 10, s 831, s 838, s 1069
Harris v Director-General of Social Security (1985) 59 ALJR 194 followed
MARY KING v THE SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
W63 OF 1999
FRENCH J
16 FEBRUARY 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 63 OF 1999
On appeal from the General Administrative Division of the
Administrative Appeals Tribunal constituted by Deputy
President T E Barnett
BETWEEN: MARY KING
Applicant
AND: THE SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Respondent
JUDGE: FRENCH
DATE OF ORDER: 16 FEBRUARY 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 63 OF 1999
On appeal from the General Administrative Division of the
Administrative Appeals Tribunal constituted by Deputy
President T E Barnett
BETWEEN: MARY KING
Applicant
AND: THE SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Respondent
JUDGE: FRENCH
DATE: 16 FEBRUARY 2000
PLACE: PERTH
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