Issue No. 6/2013	11 February 2013
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions. The Bulletin occasionally includes information on legislative changes that affect the AAT and other important developments.  
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Contents

AAT Recent Decisions
Compensation
Immigration and Citizenship
Maritime Security
Patents
Practice and Procedure
Social Security
Taxation
Appeals
Appeals lodged
Appeals finalised

AAT Recent Decisions
This section of the Bulletin provides information about decisions recently published by the AAT.  Only AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.
  
Compensation
Greene and Comcare [2013] AATA 61; 5/2/2013; Senior Member RM Creyke and Dr I Alexander, Member
Commonwealth employees – Safety, Rehabilitation and Compensation Act 1988 (Cth) s 14 –  Applicant suffered from vertigo, fibromyalgia and chronic cervical condition – Whether incident in 2010 classified as vertigo – Whether vertigo arose out of or contributed to by employment – Whether contributed to by employment to a significant degree – Whether aggravated by employment – Decisions under review affirmed.
Rahman and Offshore Marine Services Pty Ltd [2013] AATA 57; 4/2/2013; Deputy President RP Handley
Applicant injured during an intra-State voyage – Applicant compensated under Workers Compensation and Injury Management Act 1981 (WA) – Whether Seafarers Rehabilitation and Compensation Act 1992 (Cth) or Workers Compensation and Injury Management Act 1981 (WA) applies in respect of Applicant’s injury – Decision under review affirmed

Immigration and Citizenship
Romanov and Minister for Immigration and Citizenship [2013] AATA 63; 8/2/2013; Deputy President RP Handley
Visa cancellation – Direction No 55 – Character test – Substantial criminal record – Primary considerations – Other considerations – Decision under review set aside and substituted

Maritime Security
Ruffin and Secretary, Department of Infrastructure and Transport [2013] AATA 60; 4/2/2013; Mr C Ermert, Member
Maritime security identification card (MSIC) – Adverse criminal record – MISC required for work on maritime and offshore facilities – Whether applicant is a threat to security – Secretary's discretion to approve issue of MSIC to person with criminal record – discretion to impose conditions – Decision under review set aside
Patents
Celgene Corporation and Commissioner of Patents and Children’s Medical Center Corporation (Joined Party) [2013] AATA 55; 1/2/2013; Deputy President RP Handley and Senior Member Dr T Nicoletti
Application for extension of patent terms – Whether each patent specification disclosed pharmaceutical substance per se – Meaning of pharmaceutical substance per se – Timing of applications for extension of patent – Decisions under review affirmed

Practice and Procedure
Bundy and Anor and Australian Securities and Investments Commission [2013] AATA 59; 4/2/2013; the Hon BJM Tamberlin QC, Deputy President
Stay application – Tribunal not of the opinion that it is desirable to make stay order – Applicants' request for stay order refused.

Social Security
Blake and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 54; 1/2/2013; Dr M Denovan, Member
Pensions, benefits and allowances – Age pension – Member of a couple – Discretion to treat recipient as not being a member of a couple – No special reasons – Decision under review affirmed
Quinn and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 62; 6/2/2013; Deputy President RP Handley
Application for Disability Support Pension (DSP) – Tables of Impairment – Whether Applicant’s conditions were fully diagnosed, treated and stabilised at the time of his application for DSP – Insufficient medical evidence – Decision under review affirmed

Taxation
Purvis and Ors and Commissioner of Taxation [2013] AATA 58; 4/2/2013; Senior Member RW Dunne
Income tax – Loss of licence payments – Whether employment termination payments – whether exempt capital payments to, or in respect of, personal injury – Whether fringe benefits – Whether statutory income – Whether CGT Event C2 happens, and if so, whether the payments are compensation received for a wrong, injury or illness – Each of the objection decisions under review is affirmed
Appeals 
This section of the Bulletin provides information about appeals against AAT decisions that have been lodged or finalised.  Only appeals in relation to AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.
  
Appeals lodged
CASE NAME	AAT reference	
None lodged		

Appeals finalised
CASE NAME	AAT reference	court Reference	
Yazbek v Commissioner of Taxation 	[2012] AATA 477	[2013] FCA 39	
Bawden v Repatriation Commission	[2011] AATA 283	M4/2013
[2012] FCAFC 176
[2012] FCA 345	
Christanty v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs	[2012] AATA 497	[2013] FCA 33 
[2012] FCA 1360	

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