Cao v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 52

FEDERAL COURT OF AUSTRALIA

Cao v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 52 Citation: Cao v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 52

Appeal from: Cao and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 591

Parties: ZIMING CAO v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 1934 of 2013

Judge: WIGNEY J

Date of judgment: 14 February 2014

Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal – applicant received benefits under the Social Security Act 1991 (Cth) – whether deposits into the applicant's bank account constituted income for the purposes of the Act – whether an overpayment occurred due to undisclosed deposits – whether the debt should be waived due to special circumstances ADMINISTRATIVE LAW – whether an application raises a question of law – whether the facts fall within the terms of a statutory provision properly construed – whether there was any rationally probative evidence capable of supporting a finding by the Tribunal

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Social Security Act 1991 (Cth)

Cases cited: Abebe v The Commonwealth (1999) 197 CLR 510 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian National Railways Commission v Collector of Customs (SA) (1985) 8 FCR 264 Australian Postal Commission v Sellick [2008] FCA 236 Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 Australian Telecommunications Corp v Lambroglou (1990) 12 AAR 515 Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55 Collector of Customs v Pozzolanic Enterprises (1993) 43 FCR 280 Comcare v Etheridge (2006) 149 FCR 522 Comcare v Rowe (2002) 35 AAR 410 Commissioner of Taxation v Perkins (1993) 26 ATR 8 Defence Force Retirement and Death Benefits Authority v House (2009) 49 AAR 525 Ergon Energy Corp Limited v Commissioner of Taxation (2006) 153 FCR 551 Goodricke v Comcare [2011] FCA 694; 122 ALD 546 Hill v Repatriation Commission (2005) 218 ALR 251 Hoe v Manningham City Council [2011] VSC 37 Hope v Bathurst City Council (1980) 144 CLR 1 Kolya v Tax Practitioners Board [2012] FCA 215 Kowalski v Repatriation Commission [2011] FCAFC 43 Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Rana v Repatriation Commission (2011) 126 ALD 1 Rawson Finances Pty Ltd v Commissioner of Taxation (2013) 296 ALR 307 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 Secretary Department of Education, Employment and Workplace Relations v Ergin [2010] FCA 1438; 119 ALD 155 Tobacco Institute of Australia Ltd v National Health and Medical Research Council (1996) 71 FCR 265