Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Family & Community Services v Matheson [2004] FCAFC 53
SOCIAL SECURITY – youth allowance – whether student overpaid allowance – meaning of "particular study period" in s 541B(1) – question of fact not law Administrative Appeals Tribunal Act (1975) (Cth) s 44(1) Social Security Act 1991 (Cth) s 541B, 1237AAD Cakmak v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 257 applied Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 applied Re Secretary, Department of Family and Community Services and Zhang (2003) 74 ALD 226 cited Vetter v Lake Macquarie City Council (2001) 202 CLR 439 applied SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES v DONNA MARIE MATHESON No S 583 of 2003 TAMBERLIN, SACKVILLE & FINN JJ ADELAIDE 10 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 583 OF 2003
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
APPLICANT
AND: DONNA MARIE MATHESON
RESPONDENT
JUDGES: TAMBERLIN, SACKVILLE & FINN JJ
DATE OF ORDER: 10 MARCH 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The cross-appeal be dismissed. 3. By consent, the applicant pay the reasonable costs of the appeal as taxed or agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 583 OF 2003
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
APPLICANT
AND: DONNA MARIE MATHESON
RESPONDENT
JUDGES: TAMBERLIN, SACKVILLE & FINN JJ
DATE: 10 MARCH 2004
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