Coffey v Secretary, Department of Social Security [1999] FCA 375

FEDERAL COURT OF AUSTRALIA

Coffey v Secretary, Department of Social Security [1999] FCA 375 SOCIAL SECURITY – Job search allowance – Alleged overpayment – Benefits withheld in order to recover overpayment – prosecution for fraud commenced against recipient – Review of decision to withhold benefits pursuant to review process in Social Security Act 1991 (Cth) – Decision upheld on internal review, on review by Social Security Appeals Tribunal and on review by Administrative Appeals Tribunal – Application to Court to recover amount withheld as a debt, and claiming malicious prosecution and misfeasance in public office – Whether Court has jurisdiction – Whether matter "arises under a Federal law" within s 39B(1A)(c) Judiciary Act 1903 (Cth) – Whether action an abuse of process – Whether collateral attack of reviewable decisions under Social Security Act available. Social Security Act 1991 (Cth) ss 559, 1068, 1224, 1347 Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court Rules O 20 r 2 Martin v Watson [1996] AC 74 cited Commonwealth Life Assurance Society Ltd v Brain (1935) 53 CLR 343 cited Northern Territory v Mengel (1995) 185 CLR 307 applied Sanders v Snell (1998) 157 ALR 491 cited Re McJannett; Ex parte Australian Workers' Union of Employees (Q) [No 2] (1997) 189 CLR 654 applied Federal Airports Corporation v Aerolineas Argentinas (1997) 76 FCR 582 considered Sea Culture International v Scoles (1991) 32 FCR 275 applied Walton v Gardiner (1993) 177 CLR 378 applied

PETER MICHAEL COFFEY v SECRETARY, DEPARTMENT OF SOCIAL SECURITY SG 119 OF 1998 von DOUSSA, BRANSON and SUNDBERG JJ 7 APRIL 1999 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 119 OF 1998

BETWEEN: PETER MICHAEL COFFEY

Appellant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY