Chan v Secretary, Department of Family & Community Services [2004] FCA 1255

FEDERAL COURT OF AUSTRALIA

Chan v Secretary, Department of Family & Community Services [2004] FCA 1255 Social Security Act 1991 (Cth) A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) STANFORD CHAN V SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES AND HIEU QUAN CHAN N 875 OF 2004 BEAUMONT J 28 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N875 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: STANFORD CHAN

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

FIRST RESPONDENT

HIEU QUAN CHAN

SECOND RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 28 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed, with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N875 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: STANFORD CHAN

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

FIRST RESPONDENT

HIEU QUAN CHAN

SECOND RESPONDENT

JUDGE: BEAUMONT J

DATE: 28 SEPTEMBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

Beaumont J:

Introduction 1 These proceedings concern an application for review of the decision of the Administrative Appeals Tribunal (the 'Tribunal') constituted by Ms N Isenberg, Member, dated 30 April 2004 affirming the decision of the Social Security Appeals Tribunal ('SSAT') dated 22 August 2002, which affirmed the decisions of the Authorised Review Officer ('ARO') on 2 January 2002 and the first respondent dated 3 September 2001 that debts of Parenting Payment Single ('PPS') and Pensioner Education Supplement ('PES') paid in the period 18 June 2001 to 15 August 2001 and Family Tax Benefit ('FTB') paid in the period 1 July 2001 to 15 August 2001 are to be recovered from the applicant.