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The Federal Court dismissed authorization for a proposed class action over child benefits tied to part-time child protection placements, finding the Tax Court had exclusive jurisdiction.
The appeal is allowed because the respondent materially changed and expanded its position at the hearing beyond what was pleaded, depriving the appellant of procedural fairness; given the defective reply and late disclosure the interests of justice required allowing the appeal and referring the determinations back to the Minister for reconsideration and redetermination on the basis that the appellant was an eligible individual and her daughter was a qualified dependant for the period beginning April 2006.
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