Appleton v Secretary, Department of Family & Community Services [2000] FCA 1157

FEDERAL COURT OF AUSTRALIA Appleton v Secretary, Department of Family & Community Services [2000] FCA 1157 ADMINISTRATIVE LAW – SOCIAL SECURITY – "recoverable debt" – debt due and owing to Commonwealth – overpayment – conviction under s 1350 of Social Security Act 1991 (Cth) – knowingly obtaining payment – understatement of amount earned and days worked – false statements or representations. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Crimes Act 1914 (Cth) Data-matching Program (Assistance and Tax) Act 1990 (Cth) s 11 Social Security Act 1991 (Cth) ss 1222A, 1224 Social Security Act 1947 (Cth) TNT Skypak International (Aust) Pty Ltd v FCT (1988) 82 ALR 175 referred to FCT v Raptis (1989) 89 ATC 4,994 referred to Department of Social Security v Cooper (1990) 26 FCR 13 referred to FCT v Perkins (1993) 93 ATC 4,524 referred to PAUL JOHN APPLETON AND HELEN MARGARET APPLETON v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES W 49 OF 1999 LEE J 21 AUGUST 2000 SYDNEY (via telephone link to Perth)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 49 OF 1999

ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SENIOR MEMBER

BETWEEN: PAUL JOHN APPLETON

HELEN MARGARET APPLETON

APPLICANTS

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 21 AUGUST 2000

WHERE MADE: SYDNEY (via telephone link to Perth)

THE COURT ORDERS THAT: The "appeal" be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 49 OF 1999

ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SENIOR MEMBER