Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Abbott [2012] FCA 481

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Abbott [2012] FCA 481 Citation: Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Abbott [2012] FCA 481

Appeal from: Abbott; Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] AATA 754

Parties: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS v LORRAINE ABBOTT

File number: NSD 2088 of 2011

Judge: NICHOLAS J

Date of judgment: 10 May 2012

Catchwords: STATUTORY INTERPRETATION – whether under s 36(5) of the A New Tax System (Family Assistance) Act 1999 (Cth) a child is entrusted to the care of an individual as part of the process for adoption of the child only where the authorised party has decided to approve the adoption by that individual – whether Tribunal misconstrued s 36(5) in finding that a child is entrusted to the care of an individual as part of the process for adoption of the child only where the authorised party has decided to approve the adoption by that individual – eligibility for "baby bonus" – whether child entrusted to care of individual as part of the process for adoption of the child – where child initially entrusted to care of individual under a long-term foster care arrangement

Legislation: A New Tax System (Family Assistance) Act 1999 (Cth) s 36(5) A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) s 39(2) Administrative Appeals Tribunal Act 1975 (Cth) s 44 Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and other Measures) Act 2008 (Cth)