Theo v Department of Families, Community Services & Indigenous Affairs [2007] FCA 171

FEDERAL COURT OF AUSTRALIA

Theo v Department of Families, Community Services & Indigenous Affairs [2007] FCA 171

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – social security benefits – eligibility for Disability Support Pension – whether error of law in failure to recognise contractual relationship between Commonwealth and citizens to provide welfare payments PRACTICE AND PROCEDURE – costs – whether costs should follow the event Administrative Appeals Tribunal Act 1975 (Cth) ss 42B(1) and 44 Federal Court of Australia Act 1976 (Cth) s 23 Income Tax and Social Services Contribution Assessment Act 1936 (Cth) Incomes Tax Assessment Act 1936 (Cth) Social Services Contribution Act 1945 (Cth) Social Services Consolidation (No 2) Act 1950 (Cth) Income Tax and Social Services Contribution Act 1962 (Cth) Federal Court Rules, O 53, r 15(1) Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 SOLON THEO v THE SECRETARY, DEPARTMENT OF FAMILIES, COMMUNITY SERVICES & INDIGENOUS AFFAIRS QUD 465 OF 2006

SPENDER J

8 FEBRUARY 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 465 OF 2006

BETWEEN: SOLON THEO

Applicant

AND: THE SECRETARY, DEPARTMENT OF FAMILIES, COMMUNITY SERVICES & INDIGENOUS AFFAIRS

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 8 FEBRUARY 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. Applicant to pay the respondent's costs of and incidental to the appeal, 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 QUD 465 OF 2006

BETWEEN: SOLON THEO

Applicant

AND: THE SECRETARY, DEPARTMENT OF FAMILIES, COMMUNITY SERVICES & INDIGENOUS AFFAIRS