Secretary, Department of Family & Community Services v Verney [2000] FCA 570

FEDERAL COURT OF AUSTRALIA

Secretary Department of Family & Community Services v Verney

[2000] FCA 570

ADMINISTRATIVE LAW - natural justice - judicial notice - general knowledge - whether the Administrative Appeals Tribunal could inform itself that thrombocytosis (chronic myeloid leukaemia) was life threatening. ADMINISTRATIVE LAW - no evidence - whether evidence of a medical condition had to be given by medical doctors - whether the evidence of the pension applicant is sufficient. SOCIAL WELFARE - continuing inability to work. Social Security Act 1991 (Cth) s 94 Administrative Appeals Tribunal Act 1975 (Cth) s 33(1)(c) Secretary, Department of Social Security v Pusnjak (1999) 164 ALR 572 Foll Re Pochi and the Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 Appr Casey v Repatriation Commission (1995) 60 FCR 510 Appr Barbaro v Minister for Immigration and Ethnic Affairs (1982) 44 ALR 690 (FC) Appr Mutemeri v Cheesman (1998) 100 A Crim R 397 Dist Holland v Jones (1917) 23 CLR 149 Cited Malone v Smith (1945) 63 WN (NSW) 54 Cited Commonwealth v Human Rights and Equal Opportunity Commission (1998) 76 FCR 513 Cited Re Coldham; Ex parte Municipal Officers Association of Australia (1989) 84 ALR 208 Appr Winch v Repatriation Commission [1999] FCA 408 Cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Appr Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 Cited Mulholland v Mitchell [1971] AC 666 Cited Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 2) (1989) 40 FCR 76 Cited SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v KEITH THOMAS VERNEY Q 28 OF 1999 COOPER J BRISBANE 4 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 28 OF 1999

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF