Secretary, Department of Family and Community Services v Wall [2006] FCA 863

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family and Community Services v Wall [2006] FCA 863 ADMINISTRATIVE LAW – review of decisions of the Administrative Appeals Tribunal that the respondent's disability support pension not be cancelled, that he does not need to repay the amounts received as a pension and that he is not disentitled from receiving a pension in the future – respondent in receipt of disability support pension until applicant's decision to cancel it by reason of the respondent's shareholding in a family company – Social Security Appeals Tribunal affirmed decision to discontinue pension- respondent appealed to Administrative Appeals Tribunal – respondent alleges he held the shares on trust for his mother – Tribunal found there was a trust in favour of respondent's mother – applicant appeals on the grounds that it was not afforded procedural fairness because the Tribunal gave it no notice that it might find that there was a trust and that there was no probative material to support such a finding – whether applicant was not afforded procedural fairness Administrative Appeals Tribunal Act 1975 (Cth), s 44 Social Security Act 1991 (Cth), ss 117, 1064, 1123, 1126AA, 1207C, 1207Q, 1207X, 1208E, 1208M,1223 Social Security (Administration) Act 1999 (Cth) ss 11, 16, 36, 37, 80 Dinyarrak Investments Pty Ltd v Amoco Australia Ltd (1982) 45 ALR 214 referred to Giumelli v Giumelli (1999) 196 CLR 101 referred to Repatriation Commission v Tsourounakis [2004] FCAFC 332 referred to SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v WARWICK WALL NSD1739 OF 2005 EMMETT J 7 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1739 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES