Federal Court of Australia
Federal Court of Australia
Secretary, Department of Social Services v FNPQ [2024] FCA 1428 Appeal from: Secretary, Department of Social Services v FNPQ and LFHF [2023] AATA 42
File number: VID 108 of 2023
Judgment of: SNADEN J
Date of judgment: 13 December 2024
Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal (AAT) – where respondents a married couple in receipt of age pension – where one respondent received substantial back pay from a former employer – where receipt was declared and joint entitlement to age pension was cancelled – where new application for age pension made immediately thereafter – where application initially refused but later allowed by the AAT – whether provision deeming time of receipt of employment income applicable to new application – appeal allowed.
Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) sch 16 Social Security Act 1991 (Cth) ss 1064, 1073A Social Security (Administration) Act 1999 (Cth) s 80
Cases cited: IW v City of Perth (1997) 191 CLR 1 Legal Services Board v Gillespie-Jones (2013) 249 CLR 493 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCAFC 132
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