Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goonewardena v Secretary, Department of Social Services [2018] FCA 1387 File number: VID 995 of 2017
Judge: BROMBERG J
Date of judgment: 10 September 2018
Catchwords: SOCIAL SECURITY – application for judicial review of a decision made by the Administrative Appeals Tribunal ("Tribunal") – whether a termination payment made to an employee in respect of a redundancy "ordinary income" for the purposes of the calculation of a person's entitlement to a DSP under the Social Security Act 1991 (Cth) ("Act") – whether a "carer allowance" a "social security benefit" and thus an "income support payment" within the meaning of those terms in s 23(1) of the Act – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Social Security Act 1991 (Cth), Parts 2.15 and 2.19, ss 8(1A), 23(1), 1064 Social Services and Other Legislation Amendment Act 2014 (Cth), s 48(2) and (4)
Cases cited: Haritos v Commissioner of Taxation (2015) 233 FCR 315
Date of hearing: 21 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: The applicant appeared in person
Solicitor for the Respondent: Mr N Nguyen of Sparke Helmore Lawyers
ORDERS VID 995 of 2017
BETWEEN: WINSTON GOONEWARDENA Applicant
AND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES Respondent
JUDGE: BROMBERG J DATE OF ORDER: 10 September 2018
THE COURT ORDERS THAT:
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