Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Musgrave v Martin [2003] FCA 920 ADMINISTRATIVE LAW – appeal on question of law – Administrative Appeals Tribunal Act 1975 (Cth), s 44 – whether Tribunal misconstrued definition of "eligible dairy sharefarming arrangement' in s 4(1) of Structural Adjustment Program Scheme 2000 (Cth) – whether Tribunal misconstrued term 'false' in s 35(5) of Scheme (and cl 50 of Schedule 2 to Dairy Produce Act 1986 (Cth)) – whether 'false' means purposely untrue, or objectively incorrect – whether statement in application form provided to Dairy Adjustment Authority made to a 'person' referred to in cl 50 WORDS AND PHRASES – "false statement"
Dairy Structural Adjustment Program Scheme 2000 (Cth) ss 3, 4, 9, 31, 35, Div 5.2 Dairy Produce Act 1986 (Cth) Schedule 2, cl 5, 6, 7, 50, 55-59, 134 Dairy Industry Adjustment Act 2000 (Cth) Dairy Produce Legislation Amendment (Supplementary Assistance) Act 2001 (Cth) Acts Interpretation Act 1901 (Cth) ss 22, 46
Re Rogers and Dairy Adjustment Authority and the Van Diemen's Land Company – Dairies Ltd (VDLD) Pinegrove [2001] AATA 937 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 at 287 referred to Proudman v Dayman (1941) 67 CLR 536 referred to R v Bonollo [1981] VR 633 referred to Collector of Customs v Agfa-Gevaert Limited (1997) 186 CLR 389 at 396 referred to Brutus v Cozens [1973] AC 854 referred to Sternberg v The Queen (1953) 88 CLR 646 applied Cameron v Holt (1980) 142 CLR 342 referred to Murphy v Farmer (1988) 165 CLR 19 applied Toy Centre Agencies Pty Ltd v Spencer (1983) 46 ALR 351 referred to Director of Public Prosecutions v Logon Park Investments Pty Ltd (1995) 37 NSWLR 118 referred to Dawson v Jack (1902) 28 VLR 634 referred to Davidson v Watson (1953) 28 ALJ 63 referred to Ex parte Falstein; Re Maher (1948) 49 SR (NSW) 133 referred to He Kaw Teh v The Queen (1985) 157 CLR 523 referred to Secretary, Department of Social Security v Salvona (1989) 18 ALD 289 referred to Commonwealth v Human Rights and Equal Opportunity Commission (1997) 76 FCR 513 at 519 referred to Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 referred to
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