ok so here is another information... apparently because of that ruling in March 5, 2010, it became a precedent.. And DIAC saw an increase of cases where applicants are changing their IELTS score after lodging.. So in July 1 2011 they reversed the ruling.
<u><b>Essentially therefore Berenguel ruling has been reversed: </b></u>
<b>David Stewart, Program Director, General Skilled Migration, DIAC</b>
<i>”I have been advised there are Regulation changes on 1 July, which change the definition of Competent, Proficient, etc, English. This change effectively is a reversal of the position created by the Berenguel decision, as it is will be defined in the Regulation that the English test must have been conducted in the two years immediately preceding the date of the visa application.”</i>
Source; http://immigrationptyltd.wordpress.com/2011/06/16/ielts-change-–-beware-berenguel-reversed/