Slamkova and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Ms Slamkova against a decision by the Secretary of the Department of Social Services to affirm a rejection of her claim for Newstart allowance. The core of the dispute was whether a property registered solely in Ms Slamkova's name should be excluded from the calculation of her assets, on the basis that she held it on trust for her son. The review was heard by J F Toohey SM.

The legal issues before the court were whether Ms Slamkova held the property on an express, implied, or constructive trust for her son, and consequently, whether the property's value should be included in the assessment of her assets for the purposes of determining her eligibility for Newstart allowance. The court was required to determine if there was sufficient evidence to establish that Ms Slamkova was not the beneficial owner of the property, despite being the sole registered owner.

The court acknowledged the plausibility of various aspects of Ms Slamkova's claims, including the possibility of family arrangements for financial assistance and undocumented arrangements between family members. However, the court found that there was insufficient substantive evidence to support the claim that a property solely registered in Ms Slamkova's name was held on trust for her son. Despite the son's income being paid into an account in Ms Slamkova's name, and the argument that she could not have purchased the property alone, the court noted that Ms Slamkova had a history of owning and renting out another property, suggesting potential income from sources other than her employment. Crucially, the court was not satisfied, on the information before it, that Ms Slamkova had ever held, or currently held, the property on trust for her son.

Consequently, the court affirmed the decision under review, holding that the value of the property had to be included in the assessment of Ms Slamkova's assets for the purposes of her Newstart allowance claim.