Secretary of the Department of Family & Community Services v Sammut [1999] FCA 1735

FEDERAL COURT OF AUSTRALIA

Secretary of the Department of Family & Community Services v Sammut [1999] FCA 1735

ADMINISTRATIVE LAW – discretionary powers – loss of benefit entitlement for preclusion period where lump sum compensation received – discretion to reduce preclusion period – whether adequate reasons provided – whether error in identification of amount repayable SOCIAL WELFARE AND SECURITY – job search and sickness allowance – loss of benefit entitlement for preclusion period where lump sum compensation received – discretion to reduce preclusion period – ethical duty of solicitors concerning compensation settlements Administrative Appeals Tribunal Act 1975 (Cth) Social Security Act 1991 (Cth) ss 17, 23, 1165(2AA), 1166, 1184 Trimboli v Secretary, Department of Social Security (1989) 86 ALR 64, followed Secretary, Department of Social Security v Ellis (1997) 46 ALD 1, followed Haidar v Secretary, Department of Social Security (1998) 157 ALR 359, followed SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v ANNETTE SAMMUT N 683 of 1999 BRANSON J SYDNEY 15 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 683 of 1999

BETWEEN: SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Applicant

AND: ANNETTE SAMMUT

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 15 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal ("the Tribunal") be set aside. 2. The matter be remitted to the Tribunal to be heard and decided according to law. 3. The Tribunal to be at liberty to hear further evidence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA