Secretary, Department of Employment and Workplace Relations v Vanderpluym [2007] FCA 876

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment and Workplace Relations v Vanderpluym [2007] FCA 876

ADMINISTRATIVE LAW – SOCIAL WELFARE AND SERVICES – consideration of the construction to be adopted in relation to the term 'homeowner' for the purposes of the Social Security Act 1991 (Cth) and related provisions – consideration of the extent to which particular 'rights' or 'interests' satisfies s 11(4)(b) and s 1118(1)(b) of the Act.

Social Security Act 1991 (Cth), s 4, s 11(4)(b), s 500Q(1), s 500Q(3), s 500Q(4), s 1118(1)(b), s 1122, s 1223(1), s 1237AAD Administrative Appeals Tribunal Act 1975, s 44(1) Property Law Act 1974 (Qld) Residential Tenancies Act 1994 (Qld)

Re Dolores Vanderpluym and Secretary, Department of Family and Community Services, Q2004/939 Re Delos Reyes and Secretary, Department of Social Security (1993) 32 ALD 287 Stow v Mineral Holdings (Aust) Pty Ltd (1977) 14 ALR 397 R v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 Radaich v Smith (1959) 101 CLR 209 Re Schultz and Secretary, Department of Family and Community Services 2003 76 ALD 247 Re Johnston and Repatriation Commission (31 May 1994, AAT, Full Tribunal, unreported No. 9508) Koch and Secretary, Department of Family and Community Services (2002) 68 ALD 651 Re Secretary of Social Security and Williams (1998) 52 ALD 418) Street v Mountford [1985] AC 809 Harris v Northern Sandblasting Pty Ltd [1995] Aust Torts Rep 81‑365 Chan & Anor v Cresdon Proprietary Limited (1989) 168 CLR 242 Hewett & Ors v Court & Anor (1983) 149 CLR 639

SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v DOLORES VANDERPLUYM QUD492 OF 2005

GREENWOOD J

7 JUNE 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD492 OF 2005

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS