Kertland v Secretary, Deptartment of Family & Community Services (1999) FCA 1596

FEDERAL COURT OF AUSTRALIA

Kertland v Secretary, Department of Family & Community Services [1999] FCA 1596 SOCIAL SECURITY – compensation received – whether social security benefits recoverable for period of non-compensated incapacity - whether there are 'special circumstances' to exercise the discretion to treat part of the compensation as not paid Social Security Act 1991 (Cth) – ss 1165, 1166 and 1184 Secretary, Department of Social Security v Banks (1990) 23 FCR 416 – cited Secretary, Department of Social Security v Smith (1991) 30 FCR 56 - followed Secretary, Department of Social Security v Thompson (1994) 53 FCR 580 - cited Secretary, Department of Social Security v a'Beckett (1990) 26 FCR 349 - cited Re Ivovic and Director-General of Social Services (1981) 3 ALN 95 – cited Beadle v Director-General of Social Security (1985) 60 ALR 225 – cited Secretary, Department of Social Security v Hulls (1991) 22 ALD 570 – cited Haidar v Secretary, Department of Social Security (1998) 28 AAR 228 - cited

KERTLAND v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES V 309 of 1999 JUDGE: MERKEL J DATE: 19 NOVEMBER 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 309 OF 1999

BETWEEN: COLLEEN ANN KERTLAND

Applicant

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Respondent JUDGE: MERKEL J

DATE OF ORDER: 19 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal and the cross-appeal are allowed. 2. The matter be remitted to the Administrative Appeals Tribunal to be determined in accordance with law. 3. The respondent pay the applicant's taxed costs of and incidental to the appeal and cross-appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.