Federal Court of Australia
Federal Court of Australia
Hanna v Secretary, Department of Social Services [2023] FCA 1255 Appeal from: Hanna v Secretary, Department of Social Services [2022] AATA 3772
File number(s): NSD 1090 of 2022
Judgment of: JACKMAN J
Date of judgment: 19 October 2023
Catchwords: ADMINISTRATIVE LAW – appeal from second level decision of the Administrative Appeals Tribunal (AAT2) – where the AAT2 made findings in relation to the applicant's liability for overpayment of an age pension and the applicable pension rate – where the appeal does not disclose any question of law – whether the AAT2 had jurisdiction – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43, 44 Social Security Act 1947 (Cth) Social Security Act 1991 (Cth) ss 8, 1064, 1223, 1237A, 1237AAD Social Security (Administration) Act 1999 (Cth) ss 68, 72, 179 Federal Court Rules 2011 (Cth) rr 1.34, 4.01, 33.12
Cases cited: Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; (2000) 199 CLR 135 Hanna v Secretary, Department of Social Services [2022] AATA 3772 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Waterford v Commonwealth (1987) 163 CLR 54
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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