Nock v Secretary, Department of Family and Community Services [2005] FCA 217

FEDERAL COURT OF AUSTRALIA

Nock v Secretary, Department of Family and Community Services [2005] FCA 217

SOCIAL SECURITY – appeal from decision of Administrative Appeals Tribunal – application for Partnered Parenting Payments (PPP) and Austudy rejected – applicants' assets exceeded limit prescribed by value assets test – method of calculating assets – charge or encumbrance over property – whether amount of charge or encumbrance to be calculated at time of application – whether value of applicants' assets to be reduced by full amount potentially owing under charge or encumbrance.

Social Security Act 1991 (Cth) ss 500Q, 573, 573B, 1118, 1121

Sibbles v Highfern Pty Ltd (1987) 164 CLR 214 cited WALTER NOCK and PUI YING NOCK v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES WAD 227 of 2003 LANDER J 11 MARCH 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD227 OF 2003

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY ASSOCIATE PROFESSOR G A BARTON

BETWEEN: WALTER NOCK AND PUI YING NOCK

APPLICANTS

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 11 MARCH 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD227 OF 2003

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY ASSOCIATE PROFESSOR G A BARTON

BETWEEN: WALTER NOCK AND PUI YING NOCK

APPLICANTS

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES