Mladenov v Secretary, Department of Social Services [2015] FCA 1472

FEDERAL COURT OF AUSTRALIA

Mladenov v Secretary, Department of Social Services [2015] FCA 1472 Citation: Mladenov v Secretary, Department of Social Services [2015] FCA 1472

Appeal from: Risto Mladenov v Secretary, Department of Social Services (formerly Secretary, Department of Families, Housing, Community Services and Indigenous Affairs) [2015] AATA 99

Parties: RISTO MLADENOV v SECRETARY, DEPARTMENT OF SOCIAL SERVICES (FORMERLY SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS) and SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number: VID 139 of 2015

Judge: NORTH J

Date of judgment: 22 December 2015

Catchwords: APPEAL AND NEW TRIAL – Appeal from decision of Administrative Appeal Tribunal affirming decision of Social Security Appeals Tribunal – procedural fairness – application for production of documents – objection to competency of appeal – notice of appeal does not identify question of law – purported appeal struck out as incompetent SOCIAL SECURITY – debt to Commonwealth in respect of disability support pension payments and Newstart allowance payments

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 44 Social Security Act 1991 (Cth) ss 1224(1), 1223(1), 1231(1), 1237A, 1237AAD Social Security Administration Act 1999 (Cth) ss 68, 69, 74

Cases cited: House v The King [1936] HCA 40; 55 CLR 499 Waterford v The Commonwealth [1987] HCA 25; 163 CLR 54 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 241 Date of hearing: 15 September 2015