Title: AAT Bulletin Issue no. 15/2015 13 April 2015 [RTF version]
Author: Administrative Appeals Tribunal
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin

Issue No. 15/2015	13 April 2015
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.  
It is recommended that the Bulletin be read on-line. This has the advantage of allowing the reader to use hyperlinks to access the full text of cases and other internet sites mentioned in the Bulletin. 
The AAT does not make any representation or warranty about the accuracy, reliability, currency or completeness of any material contained in this Bulletin or on any linked site. While the AAT makes every effort to ensure that the material in the Bulletin is accurate and up-to-date, you should exercise your own independent skill and judgement before you rely on it. Information contained in this Bulletin is not legal advice and is intended as a general guide only.  You should rely on your own advice or refer to the full cases and legislation in relation to any proceedings.
Enquiries regarding this publication may be directed to aatweb@aat.gov.au. 
Contents
AAT Recent Decisions
Compensation
Customs
Foreign Affairs and Trade
Freedom of Information
Practice and Procedure
Social Security
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
Aboutaleb and Comcare [2015] AATA 207; 2/4/2015; Senior Member G Friedman and 
Dr R Blakley, Member
Australian Taxation Office – allergy arising from exposure to pollutants – physical symptoms – Multiple Chemical Sensitivity – whether an ailment – decision under review affirmed
Customs 
Brackley Industries Pty Ltd and Chief Executive Officer of Customs [2015] AATA 210; 8/4/2015; Senior Member J Handley
Applicant imported cases embossed with the Blu-ray trademark –  applicable TCO is cases or trays, compact disc – respondent contended the cases were  intended to hold discs of Blu-ray format – disc of that type is not a compact disc – applicant contended CD, DVD and Blu-ray discs are optical discs – each being of equivalent size and embossed for reproduction of sound and or image optically –  sample products exhibited show Blu-ray trademark embossed covers presented to the public with discs of other formats – some Blu-ray discs housed and presented in CD type covers – prohibition on references to trademarks or end use – essential character of the goods satisfied the TCO – decision set aside
Foreign Affairs and Trade
Nysan and Asia Pacific Pty Ltd and Australian Trade Commission [2015] AATA 208; 7/4/2015; Deputy President B Tamberlin
Export market development grants – limitation on number of grants – whether applicant is carrying on a business that is the same or similar to previous business – degree of inter-relationship and continuation of previous activities – decision affirmed
Freedom of Information
Jordan and Department of Defence [2015] AATA 209; 2/3/2015; Senior Member G Friedman
Amendment of Certificate of Service and Army Service Record – whether document incorrect
Practice and Procedure
Bates and Comcare [2015] AATA 199; 31/3/2015; Deputy President PE Hack SC and Deputy President G Humphries
Application to reinstate dismissed applications – whether “dismissed in error” – no evidence proper weight not given to matter – whether, in light of new evidence, proceedings dismissed in error – application to reinstate allowed
Social Security
Printzios and Secretary, Department of Social Services [2015] AATA 153; 17/3/2015; Deputy President B Tamberlin
Overpayment of youth allowance – whether special circumstances – whether applicant knowingly made a false representation – financial hardship – decision under review affirmed
Jenkins and Secretary, Department of Social Services [2015] AATA 212; 31/3/2015; 
Ms S Taglieri, Member
Disability support pension – whether conditions in the spine result in 20 points impairment – 20 points found – whether continuing inability to work satisfied – not satisfied as requirement for participation in a program of support not met – decision under review affirmed
XHGB and Secretary, Department of Social Services [2015] AATA 205; 2/4/2015; Senior Member RW Dunne
Pensions, benefits and allowances – claim for disability support pension – physical, intellectual or psychiatric impairment – whether impairment rating of 20 points or more existed under the Impairment Tables – whether there was a "continuing inability to work" – reports of psychiatrist, treating doctor and psychologists considered – Job Capacity Assessment conducted – claim for disability support pension rejected – decision under review 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
Howes v Comcare | [2015] AATA 39
Minister for Immigration and Border Protection v GJRL & AAT | [2015] AATA 76
Mladenov v Secretary, Department of Social Services & Anor | [2015] AATA 99
Negri v Secretary, Department of Social Services | [2015] AATA 179
Olsen v Repatriation Commission | [2015] AATA 119
Frugtniet v ASIC | [2015] AATA 128

Appeals finalised
CASE NAME | AAT reference | court Reference

Arifin v Secretary, Department of Social Services & Anor

[2013] AATA 429
[2013] AATA 502

[2015] HCASL 44
[2014] FCAFC 61
[2013] FCA 1162

© Commonwealth of Australia 2015

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AAT Bulletin		 issue 15/2015 aat