Federal Court of Australia
Federal Court of Australia
Lyall v Secretary, Department of Social Services [2024] FCA 1263 Appeal from: Lyall and Secretary, Department of Social Services (Social services second review) [2023] AATA 3356
File number: SAD 162 of 2023
Judgment of: MCDONALD J
Date of judgment: 31 October 2024
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal under s 44(1) of Administrative Appeals Tribunal Act 1975 (Cth) – where Tribunal affirmed decision of officer of Department of Social Services to raise debt on basis of overpayment of parenting payment received by applicant – where Tribunal found applicant had knowingly failed to report change in circumstances – whether Tribunal failed to consider and deal with applicant's claim that she suspected that she had reported income – whether Tribunal's reasons adequate – no error of law established – appeal dismissed
Legislation: Social Security Act 1991 (Cth) ss 68, 100, 503, 1068A, 1223, 1236, 1237, 1237A, 1237AAD Social Security (Administration) Act 1999 (Cth) ss 142, 179
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 Australian Postal Corporation v Wallace (1996) 41 ALD 455 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 431; [2023] FCAFC 98 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17 Secretary, Department of Employment and Workplace Relations v Homewood (2006) 91 ALD 103; [2006] FCA 779 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43
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