Condren v Secretary, Department of Family & Community Services [2000] FCA 268

FEDERAL COURT OF AUSTRALIA

Condren v Secretary, Department of Family & Community Services

[2000] FCA 268 ADMINISTRATIVE LAW – appellant not entitled to receive disability pension while he was imprisoned – appellant failed to inform the Department of Family and Community Services of his imprisonment as required by s 132(5) of the Social Security Act 1991 (Cth) - recovery, as a debt under s 1224(1)(b)(ii), of the amount paid to the appellant in excess of his entitlement – whether there were "special circumstances (other than financial hardship alone)" which made it desirable for the Secretary to exercise his discretion under s 1237AAD to waive the right to recover all or part of the debt Social Security Act 1991 (Cth) 1991, ss 1224(1)(b)(ii), 1237AAD(b)

Beadle v Director‑General of Social Security (1985) 60 ALR 225, referred to Kertland v Secretary, Department of Family & Community Services [1999] FCA 1596, referred to

JAMES CONDREN v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES N 927 OF 1999 LEHANE J 14 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 927 OF 1999

BETWEEN: JAMES CONDREN

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE: LEHANE J

DATE OF ORDER: 9 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The respondent have liberty to apply, not later than 28 April 2000, for an order that the applicant pay the respondent's costs of the application. 3. Tuesday, 21 March 2000, be fixed under O 52 r 15(1)(a)(iii) of the Federal Court Rules as the date within twenty-one days after which any notice of appeal is to be filed and served. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.