Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Family and Community Services v Chamberlain [2002] FCA 67
SOCIAL SECURITY - benefits and pensions - preclusion period - compensation payment - application of statutory formulae - compensation payment for personal injury received while in receipt of pension payments - compensation payment included amount for loss of earning capacity - whether double payment received - whether part of pension recoverable - calculation of "lump sum preclusion period" - application of "50 per cent rule" - where strict application of statutory formulae resulted in unfairness - whether unfairness can amount to "special circumstances" so that discretion to disregard whole or part of compensation payment can be exercised - purpose of deeming provisions - statutory objectives in utilisation of formulae WORDS & PHRASES - "special circumstances"
Statutes Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) ss 17; 1165; 1166; 1184 Social Security Amendment Act 1988 (Cth) Transport Accident Act 1986 (Vic)
Cases Actors and Announcers Equity Association of Australia v Fontana Films Pty Ltd (1983) 150 CLR 169 Applied Beadle v Director-General of Social Security (1985) 60 ALR 225 Applied Groth v Secretary, Department of Social Security (1995) 40 ALD 541 Applied Haidar v Department Social Security (1998) 157 ALR 359 Referred to Kertland v Secretary, Department of Family Services (1999) 95 FCR 64 Discussed Macquarie Bank Ltd v Fociri Pty Ltd (1992) 27 NSWLR 203 Applied Muller v Dalgety & Co Ltd (1909) 9 CLR 693 Cited Rheem Australia Ltd v Collector of Customs (NSW) (1988) 78 ALR 285 Cited Secretary, Department of Social Security v Banks (1990) 23 FCR 416 Discussed Secretary, Department of Social Security v Hulls (1991) 22 ALD 570 Cited Secretary, Department of Social Security v Smith (1991) 30 FCR 56 Cited Secretary, Department Social Security v a'Beckett (1990) 12 AAR 212 Referred to
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate