Federal Court of Australia
Federal Court of Australia
Warwick v National Disability Insurance Agency [2024] FCA 616 File number: NSD 1226 of 2023
Judgment of: PERRAM J
Date of judgment: 12 June 2024
Catchwords: ADMINISTRATIVE LAW – appeal on a question of law from the Administrative Appeals Tribunal ('the Tribunal') under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where the Tribunal determined the Applicant's relocation costs were not recoverable under the National Disability Insurance Scheme – whether such costs constitute 'day-to-day living costs' under paragraph 5.1(d) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth)
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 National Disability Insurance Scheme Act 2013 (Cth) ss 18, 28(1), 32(1), 33, 34(1), 39 National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) paragraphs 5.1, 5.2
Cases cited: Browne v Dunn (1893) 6 R 67 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 216 National Disability Insurance Agency v WRMF [2020] FCAFC 79; 276 FCR 415
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 22
Date of hearing: 21 December 2023
Counsel for the Applicant: Ms T Baw
Counsel for the Respondent: Mr M P Cleary
Solicitor for the Respondent: Mills Oakley
ORDERS NSD 1226 of 2023
BETWEEN: CARLE JOHN WARWICK Applicant
AND: NATIONAL DISABILITY INSURANCE AGENCY Respondent
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