Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Family and Community Services v Green [2002] FCA 21 SOCIAL WELFARE AND SERVICES - benefits - Austudy - application of actual means test - family actual means test - whether monies each parent received from partnerships to be included in the calculation of the family's actual means STATUTORY INTERPRETATION - whether plain meaning should be given to statutory exception WORDS AND PHRASES - "actual means"; "assets"
Statutes Social Security Act 1991 (Cth) ss 14A; 1067G-GI; 1067G-G3 Social Security (Family Actual Means Test) Regulations 1998 (Cth) Regs 7, 13, 14, 15, 19
Cases Leah v Secretary, Department of Employment, Education, Training and Youth Affairs (1998) 52 ALD 274 Considered Reed (Inspector of Taxes) v Young [1984] STC 38 Cited
Other Authorities Higgins & Fletcher The Law of Partnership in Australia and New Zealand 8th ed. 2001
SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v MICHAEL GREEN
Q 124 OF 2001
KIEFEL J
BRISBANE
25 JANUARY 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 124 OF 2001
ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
APPLICANT
AND: MICHAEL GREEN
RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 25 JANUARY 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 124 OF 2001
ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
APPLICANT
AND: MICHAEL GREEN
RESPONDENT
JUDGE: KIEFEL J
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