Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Education, Employment & Workplace Relations v Holmes [2008] FCA 105
ADMINISTRATIVE APPEALS TRIBUNAL - appeal to Federal Court - orders - error of law found in Tribunal's decision - error of no practical consequence to finding of ultimate fact by Tribunal - whether the matter should be remitted for determination according to law - matter not remitted SOCIAL SECURITY – parenting payment – single rate – member of a couple – factors relevant to forming an opinion about relationship - whether decision by Tribunal that couple were living separately and apart was an error of law - Tribunal decision confirmed.
Social Security Act 1991 (Cth) Administrative Appeals Tribunal Act 1975 (Cth)
Minister for Immigration v Wu Shan Liang (1996) 185 CLR 259 - applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 - cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-1986) 162 CLR 24 - applied Re VCG and Secretary, Department of Employment and Workplace Relations; (2006) 93 ALD 215 - cited Buck v Bavone (1976) 135 CLR 110 - cited Puhlhofer v Hillingdon [1986] AC 484 - cited Waterford v The Commonwealth (1986-1987) 163 LR 54 - cited Minister for Immigration & Multicultural Affairs v Epeabaka (1998) 84 FCR 411 - cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 - cited Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 - applied Tankey v Adams(2000) 104 FCR 152 - applied Victoria v The Commonwealth (1970-1971) 122 CLR 353 - cited SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT & WORKPLACE RELATIONS v TRACEY HOLMES QUD222 OF 2007
LOGAN J
20 FEBRUARY 2008
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD222 OF 2007
BETWEEN: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT & WORKPLACE RELATIONS
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