Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australaw Pty Ltd v Minister for Families and Social Services [2020] FCA 227 File number: NSD 925 of 2019
Judge: ABRAHAM J
Date of judgment: 28 February 2020
Catchwords: STATUTORY INTERPRETATION – construction of National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth), s 48 and National Redress Scheme for Institutional Child Sexual Abuse Rules 2018 (Rules), s 33 – whether the statutory obligation imposed on the Operator to pay the redress payment to the person may be complied with by causing for a payment to be made to an account that a legal nominee of the person holds with a financial institution – whether s 33(2) of the Rules is invalid
Legislation: National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth), ss 48(1), 48(2), 81, 84, 85 National Redress Scheme for Institutional Child Sexual Abuse Rules 2018 (Cth) ss 33, 33(1), 33(2)
Cases cited: Plaintiff M47/2012 v Director General of Security [2012] HCA 46; (2012) 251 CLR 1 Federal Capital Commission v Laristan Building and Investment Co [1929] HCA 36; (1929) 42 CLR 582 Airservices Australia v Canadian Airlines International [1999] HCA 62; (1999) 202 CLR 133 Mine Subsidence Board v Wambo Coal Pty Ltd [2017] NSWCA 137; (2017) 154 LGERA 60 Brayson Motors Pty Ltd v Federal Commissioner of Taxation (1985) 156 CLR 651 Master Education Services Pty Ltd v Ketchell [2008] HCA 38; (2008) 236 CLR 101 Elazac Pty Ltd v Commissioner of Patents [1994] FCA 1315; (1994) 53 FCR 86 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall [2019] HCA 45 SZVBN v Minister for Immigration and border Protection [2017] FCAFC 90; (2017) 254 FCR 393 Aboriginal Community Benefit Fund Pty Ltd v Chief Executive Centrelink [2016] FCA 769; (2016) 153 ALD 104
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