Wade v Secretary, Department of Family & Community Services [2004] FCA 1660

FEDERAL COURT OF AUSTRALIA

Wade v Secretary, Department of Family & Community Services [2004] FCA 1660 SOCIAL WELFARE – apportionment of shared care of children – eligibility for the Family Tax Benefit – calculation of the Family Tax Benefit – means by which the calculation of shared care should be made – whether hours should not be used in calculating care for the purposes of the Family Tax Benefit – use of Family Assistance Guide in determining how the percentage of Family Tax Benefit for a child is to be determined - pattern of care

Statutes A New Tax System (Family Assistance) Act 1999 (Cth) ss 21, 22, 58, 59(1), Part 3, 22(7), 25, 25(2), 25(3), 58(1), 58(3), 59 Administrative Appeals Tribunal Act 1975 (Cth) s 44(1)

Cases Re Harrison and Secretary, Department of Family and Community Services (2002) 68 ALD 543 Refd to Re Nowicz and Secretary, Department of Family and Community Services (2001) 65 ALD 314 Refd to PAUL WADE v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES and LINLEY BARAN Q76 OF 2004 KIEFEL J 20 DECEMBER 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q76 OF 2004

BETWEEN: PAUL WADE

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

FIRST RESPONDENT

LINLEY BARAN

SECOND RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 20 DECEMBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the first respondent's costs including any 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

QUEENSLAND DISTRICT REGISTRY Q76 OF 2004

BETWEEN: PAUL WADE

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES