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Austin v Secretary, Department of Family and Community Services   flag  59

[1999] FCA 938; (1999) 92 FCR 138; (1999) 57 ALD 330; 29 AAR 528
Federal Court of Australia
Australia - Commonwealth
8th July, 1999

Cases Referring to this Case

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Omerdic and Registrar of Ministers of Religion Victoria [2022] AATA 1765 Administrative Appeals Tribunal Australia 16 Jun 2022 AustLII flag 1
Giansiracusa and Secretary, Department of Social Services (Social services second review) [2021] AATA 1097 Administrative Appeals Tribunal Australia 30 Apr 2021 AustLII flag
Anderson and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 205 Administrative Appeals Tribunal Australia 11 Feb 2021 AustLII flag 7
Parker and Secretary, Department of Social Services (Social services second review) [2020] AATA 4084 Administrative Appeals Tribunal Australia 24 Sep 2020 AustLII flag
WGKS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 38 Administrative Appeals Tribunal Australia 16 Jan 2020 AustLII flag 7
Sultana and Secretary, Department of Social Services (Social services second review) [2019] AATA 628 Administrative Appeals Tribunal Australia 3 Apr 2019 AustLII flag
Phelan and Secretary, Department of Social Services (Social services second review) [2019] AATA 554 Administrative Appeals Tribunal Australia 27 Mar 2019 AustLII flag 3
Malone and Secretary, Department of Social Services [2018] AATA 4202 Administrative Appeals Tribunal Australia 8 Nov 2018 AustLII flag 1
Albion Mill FCP Pty Ltd v FKP Commercial Developments Pty Ltd [2018] QCA 229 Supreme Court of Queensland - Court of Appeal Australia - Queensland 21 Sep 2018 AustLII flag 2
Birt and Secretary, Department of Social Services (Social services second review) [2018] AATA 2147 Administrative Appeals Tribunal Australia 10 Jul 2018 AustLII flag
Du Rhone and Secretary, Department of Social Services (Social services second review) [2018] AATA 223 Administrative Appeals Tribunal Australia 15 Feb 2018 AustLII flag
Estate of Emily Pitt and Secretary, Department of Social Services [2014] AATA 575 Administrative Appeals Tribunal Australia 19 Aug 2014 AustLII flag 2
Healy v FCT [2013] AATA 281; 96 ATR 123; [2013] ATC 10-311 Administrative Appeals Tribunal Australia 7 May 2013 AustLII flag 5
Hale and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 165 Administrative Appeals Tribunal Australia 22 Mar 2013 AustLII flag 2
Kalaba and Secretary, Department of Education, Employment and Workplace Relations [2013] AATA 69 Administrative Appeals Tribunal Australia 14 Feb 2013 AustLII flag 1
Moroney and Secretary, Department of Education, Employment and Workplace Relations [2011] AATA 577 Administrative Appeals Tribunal Australia 17 Aug 2011 AustLII flag
Re Secretary, Department of Families, Housing, Community Services and Indigenous Affairs and Bensted [2010] AATA 395; 51 AAR 551 Administrative Appeals Tribunal Australia 27 May 2010 AustLII flag
Philp and Secretary, Department of Education, Employment and Workplace Relations [2009] AATA 857 Administrative Appeals Tribunal Australia 6 Nov 2009 AustLII flag
Presilski and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] AATA 770 Administrative Appeals Tribunal Australia 7 Oct 2009 AustLII flag
Tawdrous and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2008] AATA 53 Administrative Appeals Tribunal Australia 17 Jan 2008 AustLII flag 1
Re Secretary, Department of Families, Community Services and Indigenous Affairs and Walshe [2007] AATA 1861; (2007) 46 AAR 362; (2007) 99 ALD 85 Administrative Appeals Tribunal Australia 16 Oct 2007 AustLII flag 11
Winchester and Secretary, Department of Families, Community Services and Indigenous Affairs [2007] AATA 1825 Administrative Appeals Tribunal Australia 3 Oct 2007 AustLII flag 1
Secretary, Department of Families, Community Services and Indigenous Affairs and Shaw [2007] AATA 1691 Administrative Appeals Tribunal Australia 24 Aug 2007 AustLII flag 4
Golden and Secretary, Department of Education, Science and Training [2007] AATA 1585 Administrative Appeals Tribunal Australia 25 Jul 2007 AustLII flag 1
Re Cowan and Secretary, Department of Families, Community Services and Indigenous Affairs [2007] AATA 1473 Administrative Appeals Tribunal Australia 27 Jun 2007 AustLII flag 2
Re Walton and Secretary, Department of Employment and Workplace Relations [2007] AATA 1362; (2007) 95 ALD 478 Administrative Appeals Tribunal Australia 25 May 2007 AustLII flag 2
Palmer and Secretary, Department of Employment and Workplace Relations [2007] AATA 1067 Administrative Appeals Tribunal Australia 19 Feb 2007 AustLII flag 1
Re Cameron and Secretary, Department of Family and Community Services [2007] AATA 1039; 93 ALD 772 Administrative Appeals Tribunal Australia 1 Feb 2007 AustLII flag 3
"Age pension: review sought after 13 weeks; notice of decision" [2007] SocSecRpr 32 Editors Australia circa 2007 AustLII flag
"Youth allowance: review sought after 13 weeks; notice of decision" [2007] SocSecRpr 33 Editors Australia circa 2007 AustLII flag
Omeragic; Secretary Department of Employment and Workplace Relations [2006] AATA 790 Administrative Appeals Tribunal Australia 4 Sep 2006 AustLII flag
Sheehan and Secretary, Department of Family, Community Services and Indigenous Affairs [2006] AATA 612 Administrative Appeals Tribunal Australia 10 Jul 2006 AustLII flag
Sharpe v Secretary, Department of Family, Community Services and Indigenous Affairs [2006] AATA 402; 91 ALD 472 Administrative Appeals Tribunal Australia 9 May 2006 AustLII flag 2
Department of Family and Community Services v Kakias [2006] AATA 345; 90 ALD 389 Administrative Appeals Tribunal Australia 11 Apr 2006 AustLII flag 3
Spinapolice; Secretary, Department of Employment and Workplace Relations [2006] AATA 191 Administrative Appeals Tribunal Australia 3 Mar 2006 AustLII flag 4
Garforth-Dankymeyer; Secretary, Department of Family and Community Services [2006] AATA 166 Administrative Appeals Tribunal Australia 3 Feb 2006 AustLII flag 4
"Age pension arrears: valid notice of decision" [2006] SocSecRpr 13 Editors Australia circa 2006 AustLII flag
Veldhoven and Secretary, Department of Family and Community Services [2005] AATA 358 Administrative Appeals Tribunal Australia 22 Apr 2005 AustLII flag
Re Fairweather and Secretary, Department of Family and Community Services [2005] AATA 201 Administrative Appeals Tribunal Australia 11 Mar 2005 AustLII flag 4
Rowe and Secretary, Department of Family and Community Services [2004] AATA 1160 Administrative Appeals Tribunal Australia 8 Nov 2004 AustLII flag 4
"Arrears: notice of decision; requirements" [2004] SocSecRpr 6 Hampton, Elizabeth Australia circa 2004 AustLII flag
"Age pension: underpayment; date of effect of decision about arrears" [2004] SocSecRpr 20 Noone, Mary Anne Australia circa 2004 AustLII flag
Secretary, Department of Family and Community Services and Caspersz, Re [2003] AATA 1300; (2003) 79 ALD 726; (2004) 6 (2) SSR 19 Administrative Appeals Tribunal Australia 18 Dec 2003 AustLII flag 4
Secretary to the Department of Family and Community Services, Re [2003] AATA 1172; (2004) 6 SSR 5 Administrative Appeals Tribunal Australia 21 Nov 2003 AustLII flag 1
Peura and Secretary, Department of Family and Community Services, Re [2003] AATA 1123; (2003) 78 ALD 570; (2004) 6 SSR 6 Administrative Appeals Tribunal Australia 7 Nov 2003 AustLII flag 16
Re Wilkinson and Secretary, Department of Family & Community Services [2002] AATA 1237; 71 ALD 382 Administrative Appeals Tribunal Australia 29 Nov 2002 AustLII flag
Re Laurent and Secretary, Department of Family and Community Services [2002] AATA 202; 68 ALD 771 Administrative Appeals Tribunal Australia 27 Mar 2002 AustLII flag 4
Asalemo and Secretary, Department of Family and Community Services [2002] AATA 185 Administrative Appeals Tribunal Australia 21 Mar 2002 AustLII flag
Osric Investments Pty Ltd v Clout (as liquidator of Woburn Downs Pastoral Pty Ltd) [2001] FCA 1402; 20 ACLC 1; (2001) 48 ATR 184; [2002] Aust Contract Reports 90-139 Federal Court of Australia Australia - Commonwealth 3 Oct 2001 AustLII flag 30
Flora and Department of Family and Community Services [2001] AATA 627 Administrative Appeals Tribunal Australia 4 Jul 2001 AustLII flag
Romein; Department of Family and Community Services [2001] AATA 252 Administrative Appeals Tribunal Australia 28 Mar 2001 AustLII flag
Wallera Pty Ltd v Cgm Investments Pty Ltd [2001] NSWSC 96 Supreme Court of New South Wales Australia - New South Wales 1 Mar 2001 AustLII flag 1
Secretary, Department of Family and Community Services v Rogers [2000] FCA 1447; (2000) 104 FCR 272; (2000) 65 ALD 185; 32 AAR 52 Federal Court of Australia Australia - Commonwealth 16 Oct 2000 AustLII flag 56
Re Secretary, Department of Family & Community Services and Plug [2000] AATA 744; (2000) 62 ALD 187 Administrative Appeals Tribunal Australia 25 Aug 2000 AustLII flag 9
Re Gregory and Veterans ’ Review Board and Repatriation Commission [2000] AATA 448 Administrative Appeals Tribunal Australia 7 Jun 2000 AustLII flag 3
Re Estate of Thomas Biggin and Secretary, Department of Family and Community Services [2000] AATA 125 Administrative Appeals Tribunal Australia 22 Feb 2000 AustLII flag 5
Bustin and Secretary, Department of Family and Community Services [1999] AATA 966 Administrative Appeals Tribunal Australia 17 Dec 1999 AustLII flag
Pickersgill and Secretary, Department of Family and Community Services [1999] AATA 798 Administrative Appeals Tribunal Australia 26 Oct 1999 AustLII flag

Law Journal Articles Referring to this Case

Journal Article Title Citation(s) Author Jurisdiction Date †  Full Text Citation Index
"The Date Of Effect Of Merits Review Decisions In Social Security And Other Contexts" (2010) 64 Australian Institute of Administrative Law Forum 18 Hertzberg, David Australia circa 2010 AustLII flag 1
"Age pension: review sought after 13 weeks; notice of decision" [2007] SocSecRpr 32 Editors Australia circa 2007 AustLII flag
"Youth allowance: review sought after 13 weeks; notice of decision" [2007] SocSecRpr 33 Editors Australia circa 2007 AustLII flag
"Age pension arrears: valid notice of decision" [2006] SocSecRpr 13 Editors Australia circa 2006 AustLII flag
"Arrears: notice of decision; requirements" [2004] SocSecRpr 6 Hampton, Elizabeth Australia circa 2004 AustLII flag
"Age pension: underpayment; date of effect of decision about arrears" [2004] SocSecRpr 20 Noone, Mary Anne Australia circa 2004 AustLII flag

Legislation Cited

Legislation Name Provision
Administrative Appeals Tribunal Act 1975 (Cth) s25, s27A, s28
Income Tax Assessment Act 1936 (Cth)
Social Security Act 1991 (Cth) s23, s1068
Federal Court Rules (Cth) s658, s660, s1359

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
McAllan & Department of Social Security, Re (1998) 51 ALD 792; (1998) 3 SSR 62 Australia circa 1998 LexisNexis AU flag 4
Social Security, Department of & Sting (1995) 39 ALD 721; (1996) 2 SSR 3 Australia circa 1996 LexisNexis AU flag 17
R v Secretary of State for the Home Department ex parte Tolba [1988] Imm AR 78 United Kingdom circa 1988 flag 4
Public Service Board of New South Wales v Osmond [1986] HCA 7; (1986) 159 CLR 656; 63 ALR 559; (1986) 60 ALJR 209; (1986) 9 ALN N85 High Court of Australia Australia - Commonwealth circa 1986 AustLII flag 848
Goodyear Tyre & Rubber Co (Great Britain) Ltd v Lancashire Batteries Ltd [1958] 3 All ER 7 United Kingdom circa 1958 LexisNexis flag 9
Ex parte Oastler, In re Friedlander [1884] UKLawRpKQB 153; 13 QBD 471; 1 Mor 207 United Kingdom 4 Jul 1884 CommonLII flag 14

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