Secretary, Department of Family & Community Services v Laurent [2003] FCA 1017

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Laurent [2003] FCA 1017 SOCIAL SECURITY - rent assistance - whether rent assistance is a 'social security payment' - whether the applicant is entitled to rent assistance in arrears. Social Security (Administration) Act 1999 (Cth) Social Security Act 1991 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Brown v Brook (1971) 125 CLR 275 Gibb v Federal Commissioner of Taxation (1966) 118 CLR 628 Commonwealth of Australia v Human Rights and Equal Opportunity Commission (1998) 76 FCR 513 SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v NATHAN LAURENT Q64 OF 2002 COOPER J BRISBANE 25 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q64 OF 2002

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: NATHAN LAURENT

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 25 SEPTEMBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal given on 27 March 2002 to set aside the decision under review and to substitute its decision that arrears of rent assistance are to be paid to Nathan Laurent from 27 September 1999 be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal for re-hearing according to law and these reasons. 3. The respondent pay the applicant's costs of and incidental to the application, including reserved costs, if any, to be taxed if not agreed. 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 Q64 OF 2002

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES