Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spaleta v Secretary, Department of Social Services [2024] FCA 916 Appeal from: Spaleta v Secretary, Department of Social Services [2018] AATA 2581
File number: VID 798 of 2018
Judgment of: SNADEN J
Date of judgment: 16 August 2024
Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal ("AAT") – where AAT affirmed decision of an authorised review officer not to grant disability support pension – whether AAT took irrelevant considerations into account – whether AAT came to conclusions that were not open to it – whether AAT came to legally unreasonable conclusions – whether AAT failed to provide adequate reasons – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43, 44 Social Security Act 1991 (Cth) ss 23, 26, 94 Social Security (Administration) Act 1999 (Cth) ss 41, 42, sch 2 Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth) s 6 Federal Court Rules 2011 (Cth) r 33.15 Wrongs Act 1958 (Vic)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] 2 All ER 680 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Drake v Minister for Immigration & Ethnic Affairs (1979) 46 FLR 409 Federal Commissioner of Taxation v Cainero (1988) 15 ALD 368 Harris v Secretary, Department of Employment and Workplace Relations (2007) 158 FCR 252 Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty (2010) 241 CLR 390 Leone v Minister for Home Affairs (2020) 277 FCR 526 McDonald v Director-General of Social Security (1984) 1 FCR 354 Minister of Immigration and Citizenship v Li (2013) 249 CLR 332 Nedeljko Kuljic v Secretary, Department of Social Security (1994) 33 ALD 121 Onassys v Comcare [2022] FCA 90 Shi v Migration Agents Registration Authority (2008) 235 CLR 286
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