Director-General of Social Services v Rosemary Chaney [1980] FCA 83

Director-General of Social Services v Rosemary Chaney [1980] FCA 83

In the interim period, the court should give effect to the intended remedial power of the amended statute by making an order that results in the payment of the pension pending determination of the appeal, as proper exercise of the interim power under sub-s.44A(2).

Parties
Appellant: Director-General of Social Services; Respondent: Rosemary Chaney
Jurisdiction
Australia
Judgment Date
04 June 1980
Procedural Posture
Appeal / Interlocutory Application Pending Full Court Appeal
Outcome
interlocutory order granted
Legal Topics
Interim Orders, Stay of Administrative Decisions, Implementation of Social Security Entitlements
Administrative Law Social Security Interim Orders Stay of Administrative Decisions Implementation of Social Security Entitlements

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Parties

Director-General of Social Services

Appellant

Rosemary Chaney

Respondent

Procedural Posture

Appeal / Interlocutory Application Pending Full Court Appeal

Legal Issues

  1. 1 Whether the court has power to make interim orders affecting payment of pension pending appeal of tribunal decision
  2. 2 Interpretation of 'order staying or otherwise affecting the operation or implementation of the decision' under Administrative Appeals Tribunal Act and Social Services Act

Ratio Decidendi

In the interim period, the court should give effect to the intended remedial power of the amended statute by making an order that results in the payment of the pension pending determination of the appeal, as proper exercise of the interim power under sub-s.44A(2).

Court Disposition

interlocutory order granted

Orders

  • The order of Davies J. is to operate so that payment of pension is directed from today until hearing or further order.
  • Liberty to apply is reserved to any party.