Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 938

FEDERAL COURT OF AUSTRALIA

Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 938 Citation: Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 938

Appeal from: Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 473

Parties: ANDY SOAMES v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number(s): NSD 1543 of 2013

Judge(s): BUCHANAN J

Date of judgment: 18 September 2013

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – disability support pension – whether applicant disposed of assets for inadequate consideration – whether applicant's assets exceeded the asset cut-off limit – whether AAT acted in bad faith – whether any error of law identified

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 25(4A), 33(1), 44 Social Security Act 1991 (Cth), ss 729, 733, 1236(1A), 1236(1C)(a), 1237A, 1237AAD

Cases cited: Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 473 Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 260 Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 699 Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 107