Doelle v Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 801

FEDERAL COURT OF AUSTRALIA

Doelle v Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 801 APPEAL AND NEW TRIAL — Appeal from Federal Magistrates Court exercising jurisdiction under (CTH) Administrative Appeals Tribunal Act 1975 s 44 — Whether fresh evidence receivable on appeal to Full Court of the Federal Court of Australia — Decision under appeal on a question of law — Held appellant not able to adduce fresh evidence merely to demonstrate an error of fact — Held fresh evidence not receivable SOCIAL SECURITY — Disability support pension — Periodic payments of compensation — Preclusion period — Repayment to Centrelink of certain moneys subject to preclusion period — Whether appellant's case involved "special circumstances" — (CTH) Social Security Act 1991 s 1184K(1) Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(c), 44 Social Security Act 1991 (Cth)s 1184K

Beadle v Director-General of Social Security (1985) 60 ALR 225 cited Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 cited Commonwealth Banking Corporation v Percival (1988) 20 FCR 176 cited Federal Commissioner of Taxation v Elton (1990) ATC 4078 cited Groth v Secretary, Department of Social Security (1995) 40 ALD 541 cited Jess v Scott (1986) 12 FCR 187 cited Minister for Community Services and Health v Chi Keong Thoo (1988) 78 ALR 307 cited Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 followed Secretary Department of Social Security v Hodgson (1992) 37 FCR 32 cited Waterford v Commonwealth of Australia (1987) 163 CLR 54 applied DOUGLAS JAMES DOELLE v DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

QUD124 of 2009

LOGAN J

24 JULY 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY