Kirkbright v Secretary, Department of Family & Community Services [2000] FCA 1876

FEDERAL COURT OF AUSTRALIA

Kirkbright v Secretary, Department of Family & Community Services [2000] FCA 1876 SOCIAL SECURITY – application to review decision of Administrative Appeals Tribunal – applicant received sole parent pension – applicant later awarded lump sum compensation payment for loss of earning capacity which covered a portion of the period in which he had already received sole parent pension payments – respondent determined that social security payments made during this period should be recovered – applicant contended that special circumstances, within the meaning of s 1184(1) of the Social Security Act 1991 (Cth), existed that made it appropriate to treat all or part of the compensation payment as not having been made – consideration of the meaning of 'special circumstances' – consideration of policy behind s 1184 – whether the Tribunal erred in its application of the provisions. Social Security Act 1947 (Cth) Social Security Act 1991 (Cth) ss 17(1), 17(3), 152, 156, 1165, 1165(1A), 1165(7), 1165(8), 1184 Groth v Secretary, Department of Social Security (1995) 40 ALD 541 referred to Re Beadle and Director General of Social Security (1984) 6 ALD 1 referred to Secretary, Department of Social Security v Ellis (1997) 46 ALD 1 referred to Haidar v Department of Social Security (1998) 157 ALR 359 applied Department of Social Security v Smith (1991) 30 FCR 56 applied Kertland v Secretary, Department of Family and Community Services (1999) 95 FCR 64 applied Martinez v Secretary, Department of Family and Community Services [2000] FCA 1090 referred to GRANT ANDREW KIRKBRIGHT v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES S 95 OF 2000 MANSFIELD J 21 DECEMBER 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 95 OF 2000

BETWEEN: GRANT ANDREW KIRKBRIGHT