Could you link to the High Court ruling? I can't find it, and all the ATO site says is that:
"On 1 April 2009, the Federal Court handed down its decision in
Symone Anstis v. Federal Commissioner of Taxation. Ryan J. held that Ms Anstis, who received a youth allowance as a university student, was entitled to a tax deduction for her education expenses.
The Commissioner has lodged an appeal against the decision. Until this matter is resolved, the Tax Office will continue to apply the view set out in
Income Tax Ruling TR 98/9. That is, education expenses are not deductible against various Commonwealth educational assistance schemes."
Anstis v FCT
I wouldn't rely on it yet...