Martinez v Seceraty Department of Family & Community Services [2000] FCA 1090

FEDERAL COURT OF AUSTRALIA

Martinez v Secretary, Department of Family & Community Services [2000] FCA 1090 SOCIAL SECURITY – compensation recovery – applicant in receipt of a series of periodic compensation payments and compensation affected payments – wife also in receipt of compensation affected payments – notice to insurer to reduce compensation payment - AAT affirming decision of Social Security Appeals Tribunal affirming decision of Authorised Review Officer to seek recovery – whether AAT in error of law in understanding of "special circumstances" – whether AAT in error of law in application of "special circumstances" to the applicant's presently obtaining circumstances – relevance of applicant's prior history

Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Social Security Act 1991 (Cth), ss 1170, 1184 Kertland v Secretary, Department of Family & Community Services (1999) 30 AAR 411, considered Re Beadle v Director-General of Social Security (1984) 6 ALD 1, cited Haidar v Secretary, Department of Social Security (1998) 157 ALR 359, followed Secretary, Department of Social Security v Smith (1991) 30 FCR 556, cited Beadle v Director-General of Social Security (1985) 60 ALR 225, applied Groth v Secretary, Department of Social Security (1995) 40 ALD 541, followed Secretary, Department of Social Security v Ellis (1997) 46 ALD 1, followed JESUS MARTINEZ v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES W 156 of 1999

R D NICHOLSON J 11 AUGUST 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 156 of 1999

BETWEEN: JESUS MARTINEZ

Applicant

AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES

Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 11 AUGUST 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application by way of appeal be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.