Croker, An application by
Case
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[2006] HCATrans 75
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AGLC
Case
Decision Date
Croker, An application by [2006] HCATrans 75
[2006] HCATrans 75
CaseChat Overview and Summary
This application concerned an appeal from a decision of the Full Court of the Federal Court of Australia. The applicant, Croker, sought special leave to appeal to the High Court of Australia against that decision. The dispute arose from proceedings in the Federal Court concerning the applicant's entitlement to a pension under the *Superannuation Act 1976* (Cth).
The central legal issue before the High Court was whether the Federal Court had erred in its interpretation of the provisions of the *Superannuation Act 1976* (Cth) relating to the calculation and payment of a pension to the applicant. Specifically, the court was required to determine the correct application of the relevant statutory provisions to the applicant's circumstances and whether the pension entitlement had been correctly assessed.
In dismissing the application for special leave, Heydon J noted that the Federal Court had applied the relevant statutory provisions to the facts of the case. His Honour found no arguable error of law in the decision of the Full Court of the Federal Court, concluding that the appeal did not raise a question of law that warranted the grant of special leave. The High Court therefore refused special leave to appeal.
The central legal issue before the High Court was whether the Federal Court had erred in its interpretation of the provisions of the *Superannuation Act 1976* (Cth) relating to the calculation and payment of a pension to the applicant. Specifically, the court was required to determine the correct application of the relevant statutory provisions to the applicant's circumstances and whether the pension entitlement had been correctly assessed.
In dismissing the application for special leave, Heydon J noted that the Federal Court had applied the relevant statutory provisions to the facts of the case. His Honour found no arguable error of law in the decision of the Full Court of the Federal Court, concluding that the appeal did not raise a question of law that warranted the grant of special leave. The High Court therefore refused special leave to appeal.
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Key Legal Topics
Areas of Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Judicial Review
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Jurisdiction
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Procedural Fairness
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Statutory Construction
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Standing
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