Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Matejic v Secretary, Department of Family and Community Services [2003] FCA 40 ADMINISTRATIVE LAW - application for review of decision of Administrative Appeals Tribunal affirming decision of Social Securities Appeal Tribunal to cancel disability support pension and recover overpayment - whether reviewable error disclosed - whether applicants case largely concerned with factual findings - whether circumstances disclose denial procedural fairness
Statutes Social Security Act 1991 (Cth) ss 94(1), 94(2), 94(5), 1237 Social Security Administration Act 1989 s 80
Cases Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 115 ALR 1 Cited Appl Waterford v The Commonwealth (1987) 163 CLR 54 Cited Appl LOU MATEJIC and NELIA MATEJIC v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES Q139 of 2002 KIEFEL J BRISBANE 6 FEBRUARY 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q139 OF 2002
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR O RINAUDO (MEMBER)
BETWEEN: LOU MATEJIC and NELIA MATEJIC
APPLICANT
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 6 FEBRUARY 2003
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q139 OF 2002
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR O RINAUDO (MEMBER)
BETWEEN: LOU MATEJIC and NELIA MATEJIC
APPLICANT
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
RESPONDENT
JUDGE: KIEFEL J
DATE: 6 FEBRUARY 2003
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