Dranichnikov v Centrelink [2003] FCAFC 133

FEDERAL COURT OF AUSTRALIA

Dranichnikov v Centrelink [2003] FCAFC 133 ADMINISTRATIVE LAW – Judicial review of a decision of a single judge of the Federal Court of Australia – primary judge reviewing a decision made by the Secretary of Centrelink – whether the applicants were entitled to payment of a family tax benefit – whether the debt should be waived – whether the debt was attributably solely to an administrative error made by the Commonwealth – whether the decision maker failed to investigate the circumstances that lead to the overpayment – whether the decision maker failed to take relevant information into account in exercising their discretion not to waive the debt. SOCIAL SECURITY – family tax benefit. BIAS – whether the primary judge displayed actual bias – whether the primary judge should have disqualified himself. PRACTICE AND PROCEDURE – whether the primary judge erred in striking out a paragraph of the application – whether the primary judge erred in refusing to amend the application.

Statutes A New Tax System (Family Assistance) Act 1999 (Cth) s 21 A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) ss 89, 97, 101 Social Security Act 1991 (Cth) s 7

Cases Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Referred to Beadle v Directory-General of Social Security (1985) 60 ALR 225 Followed Commonwealth v Bradley (1999) 95 FCR 218 Referred to Ebner v Official Trustee in Bankruptcy (2000) 176 ALR 644 Referred to Jess v Scott (1986) 12 FCR 187 Followed Minister for Immigration and Multicultural Affairs v Jia (1998) 84 FCR 87 Followed Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 Referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Referred to Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 Followed Secretary of Department of Social Security v Hales (1998) 82 FCR 154 Followed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 Followed SERGEY DRANICHNIKOV and OLGA DRANICHNIKOV v CENTRELINK and BRIAN McKENNA Q 177 of 2002 HILL, KIEFEL & HELY JJ 19 JUNE 2003 BRISBANE