Singh v Secretary, Department of Family & Community Services [2004] FCA 1685

FEDERAL COURT OF AUSTRALIA

Singh v Secretary, Department of Family & Community Services [2004] FCA 1685

SOCIAL SECURITY – workplace injury – payments of sickness benefits, disability support pension and disability support wife pension – subsequent judgment requiring payment of arrears of periodic compensation payments and lump sum compensation in respect of injury – recoverability of social security payments already made – whether payments pursuant to judgment required to be treated as one lump sum – whether provisions relating to lump sum preclusion periods applied WORDS AND PHRASES – 'lump sum payment' – 'lump sum compensation payment' Social Security Act 1991 (Cth) ss 17, 1163, 1165, 1166, 1168, 1170, 1174 Accident Compensation Act 1985 (Vic) s 98 Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Federal Court of Australia Act 1976 (Cth) s 32AB Federal Court Rules O 80

Secretary, Department of Social Security v Cunneen (1997) 48 ALD 251 followed MOHINDER SINGH v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES (CENTRELINK) V 1121 of 2003 GRAY J 23 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1121 of 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MOHINDER SINGH

APPELLANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES (CENTRELINK)

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 23 DECEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1121 of 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA