Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Melvin v Secretary, Department of Social Security [2016] FCA 375 Appeal from: Secretary, Department of Social Services v Melvin [2015] AATA 248
File number(s): WAD 243 of 2015
Judge(s): GILMOUR J
Date of judgment: 19 April 2016
Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal – overpayment of disability support pension – whether the appellant was a "member of a couple" within the meaning of s 4(2) of the Social Security Act 1991 (Cth) – application of criteria under s 4(3) – meaning of "living separately and apart" under s 4(3A) – whether the Tribunal erred in finding that the relevant will had not been revoked – relevance of testamentary intention – failure to set out basis of reasons and findings of fact, evidence or law to support the decision.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44(1) Social Security Act 1991 (Cth ss 4(2), (3), 1223(1) Marriage Act 1961 (Cth) s 88E(1) Migration Act 1958 (Cth) Wills Act 1970 (WA) s 14 Acts Interpretation Act 1901 (Cth) s 25D National Health Act 1953 (Cth) s 98BD
Cases cited: Casey v Repatriation Commission (1995) 60 FCR 510 Civil Aviation Safety Authority v Central Aviation Pty Ltd (20090 108 ALD 329 Comcare Australia v Lees (1997) 151 ALR 647 Damberg v Damberg (2001) 52 NSWLR 492 Danagher v Child Support Registrar [2014] FCA 408 Dornan v Riordan (1990) 24 FCR 564 Federal Commissioner of Taxation v Trail Bros Steel & Plastics Pty Ltd (2010) 186 FCR 410 Fox v Repatriation Commission (1997) 45 ALD 317 Hill v Repatriation Commission (2004) 82 ALD 60 Hill v Repatriation Commission [2005] FCAFC 23 McMullen v Commissioner for Superannuation (1985) 61 ALR 189 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs: Ex parte Lam (2003) 214 CLR 1 Pelka v Secretary, Department of Family and Community Services (2006) 151 FCR 546 Repatriation Commission v Hendy (2002) 76 ALD 47 Repatriation Commission v Holden (2014) 142 ALD 267 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555 Re Pochi (1979) 26 ALR 247 SZOXP v Minister for Immigration and Border Protection (2015) 231 FCR 1 Waterford v Commonwealth (1987) 163 CLR 54
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate