Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 1084
Citation: Kazmierczak v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 1084
Appeal from: Kazmierczak and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (2010) AATA 762
Parties: TADEUSZ KAZMIERCZAK v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
File number: WAD 123 of 2010
Judge: BARKER J
Date of judgment: 5 October 2010
Catchwords: SOCIAL SECURITY - disability support pension - power to treat person as not a member of a couple - requirement of "a special reason in the particular case" - appeal from Administrative Appeals Tribunal - no error of law identified
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Social Security Act 1991 (Cth) s 8(1), s 24, s 24(1), s 117(a)
Cases cited: Boscolo v Secretary, Department of Social Security [1999] FCA 106; (1999) 90 FCR 531 Comcare v Etheridge [2006] FCAFC 27; (2006) 149 FCR 522 Re Holt and Secretary, Department of Education, Employment and Workplace Relations [2010] AATA 143 Lada and Secretary, Department of Families, Community Services and Indigenous Affairs [2007] AATA 1496
Date of hearing: 4 October 2010
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 51
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