Federal Court of Australia
Federal Court of Australia
Snow v Secretary, Department of Social Security [2024] FCA 608 Appeal from: Snow and Secretary, Dept of Social Services (Social services second review), Re [2022] AATA 365
File number(s): SAD 51 of 2022
Judgment of: O'SULLIVAN J
Date of judgment: 7 June 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Administrative Appeals Tribunal to order payment of arrears from August 2017 — whether the Tribunal failed to take into account relevant considerations — whether the Tribunal failed to consider relevant evidence — whether the Tribunal exercised various discretionary powers in bad faith — whether the Tribunal misconstrued ss 109(5) and 126 of the Social Security (Administration) Act 1999 (Cth) — whether the Tribunal acted in bad faith by refusing to grant a review under s 126 of the Social Security (Administration) Act 1999 (Cth) — appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 2A, 43(2B), 44 Social Security Act 1991 (Cth), s 8(11) Social Security (Administration) Act 1999 (Cth), ss 109, 126 Federal Court Rules 2011 (Cth), r 33.12
Cases cited: DKLR Holding Co (No 2) Pty Ltd v Commissioner of Stamp Duties (NSW) [1982] HCA 14; (1982) 149 CLR 431 Foster v Minister for Customs and Justice [2000] HCA 38; (2000) 200 CLR 442 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Border Protection v CZBP [2014] FCAFC 105 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Price v Elder [2000] FCA 133; (2000) 97 FCR 218 Re Lewis and Sec, Department of Social Services [2015] AATA 898 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (2000) 74 ALJR 405 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 361; (2002) 194 ALR 749 Screen Australia v EME Productions No 1 Pty Ltd [2012] FCAFC 19; (2012) 200 FCR 282 Strauss and Secretary, Department of Family and Community Services [2005] AATA 608 Waterford v Commonwealth [1987] HCA 25; (1987) 163 CLR 54
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate