Catchwords:

ADMINISTRATIVE LAW – proper construction of r 5.1(d) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) – meaning of the phrase ‘day-to-day living costs (for example, rent, groceries and utility fees) that are not attributable to a participant’s disability support needs’ – costs of Scheme participant moving home – no error in decision of primary judge

APPEAL AND NEW TRIAL – appellate jurisdiction of the Court – appeal by way of rehearing – contention that orders below did not take account of subsequent legislative amendments – amendments not retrospective – error needed to engage appellate jurisdiction of the Court – error not asserted by the appellant nor established – appeal dismissed