Soames v Secretary, Department of Social Services [2014] FCA 952

FEDERAL COURT OF AUSTRALIA

Soames v Secretary, Department of Social Services [2014] FCA 952 Citation: Soames v Secretary, Department of Social Services [2014] FCA 952

Appeal from: Soames and Secretary, Department of Social Services [2014] AATA 258

Parties: ANDY SOAMES v SECRETARY, DEPARTMENT OF SOCIAL SERVICES

File number: NSD 532 of 2014

Judge: JAGOT J

Date of judgment: 4 September 2014

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – decision rejecting a claim for an age pension – question of law

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss42B(1)(b), 44(1) Federal Court of Australia Act 1976 (Cth), s 37AO Federal Court of Australia Rules 2011 (Cth), rr 1.37, 1.40, 2.26, 33.32, 33.33 Social Security Act 1991 (Cth)

Cases cited: Daw v Minister for Immigration & Citizenship [2012] FCA 705 Daw v Minister for Immigration and Citizenship [2012] FCAFC 123 Dietrich v The Queen (1992) 177 CLR 292 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Herring v Minister for Immigration and Citizenship [2012] FCA 970 Nguyen v Minister for Immigration and Multicultural Affairs [2000] FCA 1265 Re Soames and Secretary, Department of Social Services [2014] AATA 133 Soames and Secretary, Department of Social Services [2013] AATA 945 Soames and Secretary, Department of Social Services [2014] AATA 258 Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 260 Soames v Secretary, Department of Social Services [2014] FCA 295