Secretary, Department of Employment, Education, Training & Youth Affairs v Ovari [2000] FCA 323

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment, Education, Training &

Youth Affairs v Ovari [2000] FCA 323 SOCIAL SECURITY – AUSTUDY – assets tests – principal home partly used for business purposes – portion of outgoings allowed as deduction for income tax purposes – whether full value to be excluded for purposes of assets test WORDS AND PHRASES – "principal home"

AUSTUDY Regulations reg 15(1) Ronpibon Tin No Liability v Federal Commissioner of Taxation (1949) 78 CLR 47, 55, 58-59 mentioned Re Di Primio v Secretary, Department of Social Security (1993) 31 ALD 233 mentioned

SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUATION, TRAINING AND YOUTH AFFAIRS v A F AND Z L OVARI NO. A 88 of 1999 O'CONNOR, HEEREY and FINKELSTEIN JJ 6 APRIL 2000 MELBOURNE (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 88 OF 1999

DISTRICT REGISTRY

ON APPEAL FROM GYLES J

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

Appellant

AND: A F OVARI

and

Z L OVARI

Respondents

JUDGES: O'CONNOR, HEEREY and FINKELSTEIN JJ

DATE OF ORDER: 6 APRIL 2000

WHERE MADE: MELBOURNE (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondents' costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 88 OF 1999

DISTRICT REGISTRY

ON APPEAL FROM GYLES J

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

Appellant

AND: A F OVARI

and