Theo v Secretary, Department of Family & Community Services [2005] FCA 880

FEDERAL COURT OF AUSTRALIA

Theo v Secretary, Department of Family & Community Services [2005] FCA 880

SOCIAL SECURITY – age pension – cancellation of age pension – reinstatement – calculation of arrears – whether arrears to be calculated at current rate or rate applicable at times they should have been paid – notices requiring provision of information relating to control of private trust – non-compliance with notices – cancellation of age pension – rejection of fresh claim for age pension – based on non-compliance with notices requiring information – appeal to Administrative Appeals Tribunal – whether any error of law in AAT's decision – no error of law – appeal dismissed

Social Security Act 1991 (Cth) s 1207, s 55 Social Security and Veterans' Entitlements Legislation Amendment (Private Trusts and Private Companies – Integrity of Means Testing) Act 2000 (No 132 of 2000) Social Security (Administration) Act 1999 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 43, s 44 Theo v The Secretary, Department of Family Services [2004] FCA 1748 cited Theo v The Secretary, Department of Family & Community Services [2005] FCA 436 cited SOLON THEO v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES QUD 268 OF 2004 FRENCH J 29 JUNE 2005 PERTH (Heard in Brisbane)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD268 OF 2004

On Appeal from the Administrative Appeals Tribunal

BETWEEN: SOLON THEO

APPELLANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 29 JUNE 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The appellant is to pay the respondent's costs of the appeal including the costs of the motion for security for costs heard by Tamberlin J.