Hazim v Secretary, Department of Family and Community Services [2002] FCA 242

FEDERAL COURT OF AUSTRALIA

Hazim v Secretary, Department of Family and Community Services [2002] FCA 242

SOCIAL SECURITY – receipt of payments – whether amounts received a debt due to the Commonwealth – appeal from Administrative Appeals Tribunal – whether variance between tribunal's findings and its decision an error of law – whether curable under slip rule – whether tribunal correctly identified decision under review – tribunal determined whether marriage-like relationship existed – did not determine whether any false statement or representation or any failure or omission to comply with a provision – whether tribunal should have applied presumption as to marriage-like relationship – whether tribunal dealt correctly with issues of waiver

Social Security Act 1947 (Cth) s 181(1) Social Security Act 1991 (Cth) ss 4(1), 4(2), 4(2)(b)(i), 4(2)(b)(iii), 4(3), 4(4), 4(4)(a), 4(4)(b), 23(1), 24(2), 43AA, 44(5), 249, 249(1)(a)(i), 282(1), 282, 283, 283A, 283B, 284, 285, 287, 287A, 288, 289, 290, 295, 295A, 295AA, 296, 858, 859, 862, 872, 873, 874, 875, 876, 880, 1066(1), 1066-G3, 1066-H2, 1069, 1069-D9(b), 1069-H1, 1069-H2, 1069-H22, 1224, 1224(1), 1237AAD, 1243, 1247, 1301, Pts 2.17, 6.2, Ch 5 Social Security (Non-Budget Measures) Legislation Amendment Act 1995 (Cth) s 14(c) Administrative Appeals Tribunal Act 1975 (Cth) ss 3(3), 3(3)(e), 3(3)(g), 23(1), 25, 43(1), 43AA, 44 Commissioner of Taxation v Cooper (1991) 29 FCR 177 referred to Secretary, Department of Social Security v Salvona (1989) 18 ALD 289 referred to McAuliffe v Secretary, Department of Social Security (1991) 23 ALD 284 referred to McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 referred to TRACEY HAZIM v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES V 263 of 2001 GRAY J 14 MARCH 2002 MELBOURNE