Preston v Secretary, Department of Family and Community Services [2004] FCA 300

FEDERAL COURT OF AUSTRALIA

Preston v Secretary, Department of Family and Community Services [2004] FCA 300 ADMINISTRATIVE LAW – judicial review – overpayment of family tax benefit – A New Tax System (Family Assistance)(Administration) Act 1999 (Cth), s 97 – whether applicant would suffer 'severe financial hardship' if required to repay overpayment – Tribunal's consideration of applicant's financial options – error of law – finding of fact where there is no evidence to justify that finding ADMINISTRATIVE LAW – s 43(2B) Administrative Appeals Tribunal Act 1975 (Cth) – whether Tribunal breached obligation to give adequate reasons – appropriate remedy where reasons deficient

A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) ss 71, s 97 Administrative Appeals Tribunal Act 1975 (Cth) ss 44(1), 43(2B)

Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Brackenberg v Comcare Australia (1995) 56 FCR 335 discussed Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 referred to Comcare Australia v Lees (1997) 151 ALR 647 discussed Dornan v Riordan (1990) 95 ALR 451 discussed Repatriation Commission v Hall (1988) 78 ALR 687 cited Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6 referred to Waterford v The Commonwealth of Australia (1987) 163 CLR 54 cited NORA PRESTON V SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES A 29 OF 2003 STONE J 29 MARCH 2004 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 29 OF 2003

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: NORA PRESTON

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES