Re Lyons and Secretary, Department of Family and Community Services 11

[2007] AATA 1095; 94 ALD 450

Administrative Appeals Tribunal

Australia

2nd March, 2007

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text	Citation Index †
Stafford and Secretary, Department of Social Services	[2018] AATA 2746	Administrative Appeals Tribunal	Australia	10 Aug 2018	AustLII	19
Bysouth and Secretary, Department of Education, Employment and Workplace Relations	[2010] AATA 59	Administrative Appeals Tribunal	Australia	29 Jan 2010	AustLII	5
Gorton and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs	[2012] AATA 127	Administrative Appeals Tribunal	Australia	22 Feb 2012	AustLII	3
Woolley v Repatriation Commission	[2007] AATA 2059	Administrative Appeals Tribunal	Australia	14 Dec 2007	AustLII	3
Darcy and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs	[2012] AATA 562	Administrative Appeals Tribunal	Australia	28 Aug 2012	AustLII	2
Archer and Secretary, Department of Social Services	[2016] AATA 948	Administrative Appeals Tribunal	Australia	28 Nov 2016	AustLII	1
Brooks; Secretary, Department of Social Services and (Social services second review)	[2023] AATA 3629	Administrative Appeals Tribunal	Australia	9 Nov 2023	AustLII
Fill and Repatriation Commission (Veterans' entitlements)	[2020] AATA 1913	Administrative Appeals Tribunal	Australia	24 Jun 2020	AustLII
Zohar and Secretary, Department of Social Services (Social services second review)	[2015] AATA 772	Administrative Appeals Tribunal	Australia	23 Sep 2015	AustLII
"Age pension: assets test; whether transfer of funds to daughter was a gift or a loan"	[2012] SocSecRpr 24	Editors	Australia	circa 2012	AustLII
Marley and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs	[2010] AATA 331	Administrative Appeals Tribunal	Australia	19 Mar 2010	AustLII

Law Journal Articles Referring to this Case

Journal Article Title	Citation(s)	Author	Jurisdiction	Date	Full Text		Citation Index †
"Age pension: assets test; whether transfer of funds to daughter was a gift or a loan"	[2012] SocSecRpr 24	Editors	Australia	circa 2012	AustLII

Legislation Cited

Legislation Name	Provision
Administrative Appeals Tribunal Act 1975 (Cth)	s37, s43
A New Tax System (Family Assistance) (Administration) Act 1999 (Cth)	s101
Corporations Act 2001 (Cth)
Social Security Act 1991 (Cth)	s9, s11, s1064, s1118, s1122, s1129, s1130, s1235, s1237, s1237A, s1237AAD
Social Security (Administration) Act 1999 (Cth)
Administration Act (Cth)
Federal Court Rules (Cth)

Cases and Articles Cited

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text	Citation Index †
Haidar v Department of Social Security	[1998] FCA 994; (1998) 157 ALR 359; (1998) 52 ALD 255; (1998) 28 AAR 288; (1998) 3 SSR 72	Federal Court of Australia	Australia - Commonwealth	20 Aug 1998	AustLII	133
Jazazievska v Secretary, Department of Family and Community Services	[2000] FCA 1484; (2000) 65 ALD 424	Federal Court of Australia	Australia - Commonwealth	20 Oct 2000	AustLII	116
Kertland v Secretary, Department of Family and Community Services	[1999] FCA 1596; (1999) 95 FCR 64; (1999) 57 ALD 600; 30 AAR 411	Federal Court of Australia	Australia - Commonwealth	19 Nov 1999	AustLII	115
Van Brummelen & Department of Social Security, Re	[1995] AATA 121; (1995) 37 ALD 797; (1995) 22 AAR 76; (1995) 86 SSR 1255	Administrative Appeals Tribunal	Australia	8 May 1995	AustLII	91
Bramwell v Repatriation Commission	(1998) 158 ALR 623; (1998) 51 ALD 56; (1998) 28 AAR 342		Australia	circa 1998	LexisNexis AU	74
Trimboli v Secretary, Department of Social Security	(1989) 86 ALR 64; (1989) 17 ALD 201		Australia	circa 1989	LexisNexis AU	72
Re Ivovic and Director-General of Social Services	(1981) 3 ALN 95		Australia	circa 1981		65
Loxton v Moir	[1914] HCA 89; (1914) 18 CLR 360	High Court of Australia	Australia - Commonwealth	6 Aug 1914	AustLII	64
Secretary, Department of Employment and Workplace Relations v Homewood	[2006] FCA 779; (2006) 91 ALD 103; 43 AAR 236	Federal Court of Australia	Australia - Commonwealth	21 Jun 2006	AustLII	60
Re Green and Secretary, Department of Social Security	[1990] AATA 550; (1990) 21 ALD 772	Administrative Appeals Tribunal	Australia	13 Jul 1990	AustLII	56
Leary v FCT	[1980] FCA 112; (1980) 32 ALR 221; (1980) 47 FLR 414; 11 ATR 145	Federal Court of Australia	Australia - Commonwealth	2 Oct 1980	AustLII	56
FCT v McPhail	[1968] HCA 13; (1968) 117 CLR 111; (1968) 15 ATD 16; 41 ALJR 346	High Court of Australia	Australia - Commonwealth	26 Mar 1968	AustLII	55
Bantick and Secretary, Department of Family and Community Services	[2003] AATA 472	Administrative Appeals Tribunal	Australia	23 May 2003	AustLII	54
Ajka Pty Ltd v Australian Fisheries Management Authority	[2003] FCA 248; (2003) 74 ALD 21	Federal Court of Australia	Australia - Commonwealth	26 Mar 2003	AustLII	51
Social Security, Department of v Murphy	[1998] FCA 809; (1998) 52 ALD 268; (1998) 3 SSR 56	Federal Court of Australia	Australia - Commonwealth	29 Jun 1998	AustLII	40
Robertson v United States	343 US 711; 96 L Ed 1237; 72 SCt 994	United States Supreme Court	United States	2 Jun 1952	WorldLII	40
Collector of Imposts (Vic) v Cuming Campbell Investments Pty Ltd	[1940] HCA 17; 63 CLR 619; [1940] ALR 246	High Court of Australia	Australia - Commonwealth	19 Aug 1940	AustLII	29
Re Hughes and Secretary, Department of Social Security	[1992] AATA 52; (1992) 25 ALD 754	Administrative Appeals Tribunal	Australia	17 Feb 1992	AustLII	23
Stafford and Secretary, Department of Social Services	[2018] AATA 2746	Administrative Appeals Tribunal	Australia	10 Aug 2018	AustLII	19
Re Mendes and Secretary, Department of Family and Community Services	[2000] AATA 22	Administrative Appeals Tribunal	Australia	21 Jan 2000	AustLII	12
Re Ling and Secretary, Department of Family and Community Services	[1999] AATA 797	Administrative Appeals Tribunal	Australia	26 Oct 1999	AustLII	12
McAliney and Secretary, Department of Family and Community Services	[2005] AATA 96; (2005) 83 ALD 316	Administrative Appeals Tribunal	Australia	1 Feb 2005	AustLII	11
Cyprus Mines Corporation v Commissioner of Taxation (Cth)	(1978) 36 FLR 295; (1978) 22 ALR 322; (1978) 9 ATR 33		Australia	circa 1978	Legal Online / Westlaw	11
Secretary, Department of Family and Community Services and Downes, Re	[2002] AATA 737; (2002) 70 ALD 100; (2002) 5 (5) SSR 52	Administrative Appeals Tribunal	Australia	30 Aug 2002	AustLII	10
Hanrick and Secretary, Department of Family and Community Services, Re	[2003] AATA 549; (2003) 75 ALD 231; (2003) 5 (10) SSR 134	Administrative Appeals Tribunal	Australia	13 Jun 2003	AustLII	9
Strang and Secretary, Department of Employment and Workplace Relations	[2006] AATA 51	Administrative Appeals Tribunal	Australia	25 Jan 2006	AustLII	8
Department of Family and Community Services v SRKKKK	[2005] AATA 480; (2005) 86 ALD 396	Administrative Appeals Tribunal	Australia	27 May 2005	AustLII	8
Department of Family and Community Services v Danielsen-Jensen	[2004] AATA 1319; (2004) 86 ALD 790	Administrative Appeals Tribunal	Australia	10 Dec 2004	AustLII	8
Secretary, Department of Employment and Workplace Relations v Carabott	[2006] AATA 79; (2006) 89 ALD 726	Administrative Appeals Tribunal	Australia	2 Feb 2006	AustLII	7
Ubachs v Secretary of the Department of Family and Community Services	[2004] FCA 310	Federal Court of Australia	Australia - Commonwealth	19 Mar 2004	AustLII	7
Bysouth and Secretary, Department of Education, Employment and Workplace Relations	[2010] AATA 59	Administrative Appeals Tribunal	Australia	29 Jan 2010	AustLII	5
Gorton and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs	[2012] AATA 127	Administrative Appeals Tribunal	Australia	22 Feb 2012	AustLII	3
Woolley v Repatriation Commission	[2007] AATA 2059	Administrative Appeals Tribunal	Australia	14 Dec 2007	AustLII	3
Darcy and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs	[2012] AATA 562	Administrative Appeals Tribunal	Australia	28 Aug 2012	AustLII	2
Archer and Secretary, Department of Social Services	[2016] AATA 948	Administrative Appeals Tribunal	Australia	28 Nov 2016	AustLII	1
(1990) 21 Ald 773	(1990) 21 ALD 773		Australia	circa 1990	LexisNexis AU	1
Brooks; Secretary, Department of Social Services and (Social services second review)	[2023] AATA 3629	Administrative Appeals Tribunal	Australia	9 Nov 2023	AustLII
Fill and Repatriation Commission (Veterans' entitlements)	[2020] AATA 1913	Administrative Appeals Tribunal	Australia	24 Jun 2020	AustLII
Zohar and Secretary, Department of Social Services (Social services second review)	[2015] AATA 772	Administrative Appeals Tribunal	Australia	23 Sep 2015	AustLII
"Age pension: assets test; whether transfer of funds to daughter was a gift or a loan"	[2012] SocSecRpr 24	Editors	Australia	circa 2012	AustLII
Marley and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs	[2010] AATA 331	Administrative Appeals Tribunal	Australia	19 Mar 2010	AustLII

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