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Post by Banjo on Dec 5, 2012 17:06:05 GMT 7
Most of you will know one of our members fronted the AAT today regarding her loss of pension on residency grounds.
After considering evidence from Centrelink the presiding officer... judge?... said he would not take into consideration any time spent overseas prior to the change of legislation. (1/1/2012).
The noise you hear in the background is Banjo dancing.
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Post by Banker on Dec 6, 2012 6:55:34 GMT 7
The noise you hear in the background is Banjo dancing. Thats a laugh Banjo Dancing, More like a hobble and shuffle from a broken down old cowboy. ;D
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Post by Denis-NFA on Dec 6, 2012 7:08:33 GMT 7
lets all of us dance..... ;D
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Post by anotherdsp on Dec 6, 2012 9:08:55 GMT 7
well interesting point by the judge,so i wonder in the future c/l will using it,or will they have to drop it?lol
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Post by howdo on Dec 6, 2012 9:25:10 GMT 7
Great stuff.
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Post by lynnebali on Dec 9, 2012 0:16:20 GMT 7
Let's not count the chickens till they are hatched but a promising comment by the magistrate: YOU HAVE NOT BROKEN ANY LAW! He said it twice in case I missed it the second time. Decision hand down day is 18th December and the magistrate will email me personally his decision. This was then followed up with a word in the ear from the prosecuter who gave me some advise... get your JCA done now for indefinite portabilty. Twinkle toes here could have danced out of the court room... but I am not over the hurdle yet.
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Post by Denis-NFA on Dec 9, 2012 3:20:09 GMT 7
Hopefully you are getting an early Christmas present Lynne.
All the very best to you for the 18th.....
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Post by Banker on Dec 9, 2012 7:31:36 GMT 7
Let's not count the chickens till they are hatched but a promising comment by the magistrate: YOU HAVE NOT BROKEN ANY LAW! He said it twice in case I missed it the second time. Decision hand down day is 18th December and the magistrate will email me personally his decision. This was then followed up with a word in the ear from the prosecuter who gave me some advise... get your JCA done now for indefinite portabilty. Twinkle toes here could have danced out of the court room... but I am not over the hurdle yet. If you win Lynne, you might even see me dance. There has been some talk about Banjo and my self setting up a line dancing school. Please PM Banjo about it though because he is THE BOSS.
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Post by zorro1 on Dec 9, 2012 12:25:05 GMT 7
congrats, interesting comment by the judge. Assuming you didnt win, what would have happened? I imagine you would jut re apply for the pension again
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Post by Banjo on Dec 9, 2012 13:22:08 GMT 7
This is want Centrelink want, just reapply and go away. This keeps the "rules" from being tested in the appeals system.
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Post by latindancer on Dec 9, 2012 13:35:43 GMT 7
I was informed on Friday that I had lost my AAT case. Next level is rhe Federal Court, but they issued a warning that costs may be involved, both in application and awarded costs if I lose. I'm feeling rather grumpy today so will say more sometime in the next few days. I will email anyone the details if you're interested ( I got the results in both email and hard copy letter).
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Post by zorro1 on Dec 9, 2012 13:46:35 GMT 7
oh man Im really sorry to hear this the bastards penalize you for being honest about your relationship
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Post by Banjo on Dec 9, 2012 16:33:35 GMT 7
That's bad luck mate, you were stuffed around a lot though. I'd make further inquiries about costs in the Federal Court, maybe through Legal Aid.
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Post by Banker on Dec 9, 2012 16:51:37 GMT 7
Mate, that is bad luck. I would like to see you take them on in court but that decision can only be made by you.
Good luck with whatever choice you make.
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Post by Banjo on Dec 9, 2012 17:48:35 GMT 7
www.fedcourt.gov.au/forms-and-fees/court-fees/feesExemption of some types of applications Some specific applications are exempt from all or some fees. These include: Human Rights applications (other than the initial filing fee of $54 *) Some Fair Work applications (other than the initial filing fee of $64.20 *) Appeals from a single judge to a Full Court in Human Rights and some Fair Work applications Applications to set aside a subpoena by an applicant who is not a party to the proceeding Some appeals under section 14ZZ of the Tax Administration Act 1953 to the Court or from a single judge of the Court to a Full Court Some appeals from the Taxation Appeals Division of the Administrative Appeals Tribunal Criminal matters Remittals and referrals from the High Court Cases stated or questions reserved for the consideration or opinion of the Court References of questions of law by a tribunal or other body with power to refer a question of law to the Court Proceedings in respect of which an international convention to which Australia is party provides no fee is to be payable Referrals to the Court by the Commissioner of Taxation on objection decisions as defined in Part IVC of the Taxation Administration Act 1953 Applications for an extension of time within which particular proceeding may be commenced Setting-down fees in interlocutory applications Setting-down and hearing fees in proceedings under the Bankruptcy Act 1966 Reduced fees For proceedings commenced on or after 1 November 2010, a ‘one off’ flat fee of $100 (or the full fee payable if it is less than $100) is payable by people or, where relevant, corporations in certain circumstances including: they are in receipt of legal aid for those proceedings they have been granted assistance or certain funding under Part 11 of the Native Title Act 1993 they hold certain concession cards, are in receipt of certain benefits, are in prison or otherwise lawfully detained or are aged less than 18 years See the Reduction of Payment of Court Fees – General page for more details and an application form. For all proceedings (whether commenced before, on or after 1 November 2010), if payment of full fees would cause financial hardship to a person or, where relevant, a corporation that person or corporation can apply to pay a reduced flat fee of $100 on each occasion that a full fee is otherwise payable (or the full fee if it is less than $100) for filing and setting-down fees but no hearing fees. See the Reduction of Payment of Court Fees on the Basis of Financial Hardship page for more details and application forms.
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