Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pham v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 258 Citation: Pham v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 258
Appeal from: Administrative Appeals Tribunal
Parties: CHARLES PHAM v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
File number: VID 415 of 2011
Judge: MURPHY J
Date of judgment: 20 March 2012
Catchwords: ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – Appeal against varied decision in applicant's favour SOCIAL SECURITY – Appeal against reversed Centrelink decision to issue a penalty for "no show no pay" failure
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Constitution of Australia Act Social Security (Administration) Act 1999 (Cth)
Cases cited: Attorney General (NSW) v Quin (1990) 170 CLR 1 Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232 Brown v Repatriations Commission (1985) 7 FCR 302 Collins v Administrative Appeals Tribunal (2007) 163 FCR 35 Comcare v Etheridge (2006) 149 FCR 522 Commissioner of Taxation v Trail Bros Steel & Plastics Pty Ltd (2010) 186 FCR 410 Committee of Direction of Fruit Marketing v Australian Postal Commission (1979) 25 ALR 221 Fisse v Secretary, Department of the Treasury (2008) 172 FCR 513 Hoe v Manningham City Council [2011] VSC 37 n re Judiciary and Navigation Acts (1921) 29 CLR 257 Lambe v Director-General of Social Services [1981] 57 FLR 262 Minister for Immigration and Multicultural Affairs v Al Miahi [2001] FCA 744 Public Service Board v Osmond (1986) 159 CLR 656 R v Chief Constable of the Thames Valley Police; Ex parte Cotton [1990] IRLR 344 Re Pham v Secretary Department of Education, Employment, and Workplace Relations [2009] AATA 31 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 361 Servos v Repatriation Commission (1995) 56 FCR 377 VFAB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 872
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