Federal Court of Australia
Federal Court of Australia
Ellis v Secretary, Department of Social Services [2022] FCA 1047 File number(s): VID 730 of 2021
Judgment of: MORTIMER J
Date of judgment: 7 September 2022
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – family tax benefit debt – "special circumstances" under A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) s 101 – appeal dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) A New Tax System (Family Assistance) Act 1999 (Cth) A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) ss 101, 109D, 111A Judiciary Act 1903 (Cth) Social Security (Administration) Act 1999 (Cth) s 179 Federal Court Rules 2011 (Cth) rr 4.15, 31.02
Cases cited: Jadawan Pty Ltd v Rae & Partners (A Firm) [2020] FCAFC 62; 278 FCR 1 McAtamney v Superannuation Complaints Tribunal [2016] FCA 1062
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 94
Date of hearing: 1, 15 July 2022
Counsel for the Applicant: The Applicant was self-represented
Counsel for the First Respondent: Ms J Nikolic
Solicitor for the First Respondent: Australian Government Solicitor
ORDERS VID 730 of 2021
BETWEEN: LINDA ELLIS Applicant
AND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES First Respondent
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