Young v Secretary, Department of Family & Community Services .[2003] FCA 937

FEDERAL COURT OF AUSTRALIA

Young v Secretary, Department of Family & Community Services [2003] FCA 937 SOCIAL SECURITY – rent assistance – overpayment – decision of Administrative Appeals Tribunal upholding decisions of non-entitlement to receive rent assistance and to raise a debt in respect of overpayment – whether applicant entitled to tender evidence not before Tribunal – whether Tribunal wrongly refused to allow evidence to be called – whether Tribunal biased or failed to afford procedural fairness – manner of questioning unrepresented applicant – whether Tribunal wrongly failed to look at authorities – whether material error of law by Tribunal BIAS – judge – whether apprehended bias – conduct of case management – comments and questions during directions hearings – suggestion that paying the debt an option – question whether pro bono legal advice would be accepted – comment that a further attempt to obtain favourable findings of fact in the Court is not possible – failure of counsel assigned under legal assistance scheme to contact applicant – order for payment of costs of adjournment of trial when applicant in prison – refusal to provide copies of transcripts of previous hearings Social Security Act 1991 (Cth) ss 11(4), 13(2) Livesey v New South Wales Bar Association (1983) 151 CLR 288, applied Cabal v Secretary, Department of Justice (Victoria) [2000] FCA 1227, cited Cabal v United Mexican States (No 6) [2000] FCA 651 (2000) 174 ALR 747, cited R v Watson; Ex parte Armstrong (1976) 136 CLR 248, applied Sun v Minister for Immigration & Ethnic Affairs (1997) 81 FCR 71, applied PAUL CHARLES YOUNG v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES V 676 of 2001 GRAY J 5 SEPTEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 676 of 2001