Secretary, Department of Social Security v Garratt

The case before the court involved the Secretary of the Department of Social Security and the applicant, Ms Garratt. The primary dispute was about the entitlement to family allowance, specifically whether the allowance was payable from the date the allowance was cancelled or from the date the fresh claim was determined. The matter was heard by the Federal Court of Australia.

The central legal issue was the interpretation of section 168 of the Social Security Act 1947, particularly the phrase "notice was given" in subsection 168(4)(a). The court needed to determine if the notice was sufficiently served by post and if sections 28A and 29 of the Acts Interpretation Act 1901 were applicable. Additionally, the court had to consider the transitional provisions under the Social Security (Rewrite) Transition Act 1991.

The court found that the notice was validly served by post, and sections 28A and 29 of the Acts Interpretation Act 1901 were applicable. The court held that the allowance should be payable from the date the cancellation notice was given, not from the date the fresh claim was determined. The court set aside the decision of the Administrative Appeals Tribunal and remitted the case to be determined according to law.