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WXHG; Secretary, Department of Social Services and (Social security second review)
[2025] ARTA 781
Citation 1
(Para 6)
…s not require that the case be extremely unusual, uncommon or exceptional: Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 37 FCR 32; 108 ALR 322. In Beadle the Full Court, having concluded that the term “special” was sufficiently well understood not to require a judicial gloss said the ma…
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Alj22 v Minister for Immigration and Multicultural Affairs
[2024] FCA 1427
Citation 2
(Para 14)
…to be exercised by the Tribunal is necessarily involved in the making of the decision under review — see Department of Social Security v Hodgson (1992) 37 FCR 32 at 39-40. Thus, so long as the exercise of powers and discretions by the Tribunal is for the purpose of reviewing a decision, all of the powers and discr…
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Rubach; Secretary, Department of Social Services and (Social services second review)
[2024] AATA 3561
Citation 3
(Para 8)
…al case (Boscolo at [18], citing Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 37 FCR 32). Special circumstances will exist where the cancellation of a social security payment by operation of s 95(1) is unfair or inappropriate or has unintended consequences (Groth at 545; Haidar v Secret…
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Holmes-Preston and Secretary, Department of Social Services (Social services second review)
[2024] AATA 3502
Citation 4
(Para 31)
…ommon or exceptional case (Boscolo at [18], citing Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 37 FCR 32). [23] Special circumstances will exist where the cancellation of a social security payment by operation of s 95(1) is unfair or inappropriate or has unintended consequences (Groth…
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Rapson v Registrar, Domestic Animals Act 2000 (Appeal)
[2024] ACAT 77
Citation 5
(Para 3)
…n Agents Registration Authority [2008] HCA 31; 235 CLR 286, [133] (Kiefel J), citing Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32, 40). [37] [2022] ACTSC 189 [38] [2022] ACTSC 189 at [68]…
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BSKF and Commissioner of Taxation (Taxation) (Taxation)
[2024] AATA 3377
Citation 6
(Para 42)
…so whether the debt should be waived, since that power was one vested in the decision-maker. See Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 at 39; 27 ALD 309 at [316] per Hill J. It was there held that if the purpose of the Tribunal is to review the original decision, it may exercise any po…
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Austin and Secretary, Department of Social Services (Social services second review)
[2023] AATA 2302
Citation 7
(Para 9)
…But that does not require that the case be extremely unusual, uncommon or exceptional: Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32; 108 ALR 322. In Beadle the Full Court, having concluded that the term “special” was sufficiently well understood not to require a judicial gloss said the matter…
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Care and Secretary, Department of Social Services (Social services second review)
[2023] AATA 140
Citation 8
(Para 26)
…extremely unusual, uncommon or exceptional – Secretary, Department of Social Security v Hodgson (1992) 108 ALR 322. In Beadle (supra) the Full Court, having concluded that the term “special” was sufficiently well understood not to require a judicial gloss said the matter was one for the decision-maker, in that case t…
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LK Law Pty Ltd v Karas (No 2)
[2022] FCA 970
Citation 9
(Para 10)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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Goulopoulos and Commissioner of Taxation
[2022] AATA 2540
Citation 10
(Para 7)
…er v Commissioner of Taxation (1988) 19 FCR 442, 453 (per Lockhart, Wilcox & Burchett JJ); Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32,39–40 (Hill J); Secretary, Department of Employment, Education, Training and Youth Affairs v MacKay (1998) 29 AAR 95 ((1998) 58 ALD 130 (per Kenny J); Austra…
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Rofail and Secretary, Department of Social Services (Social services second review)
[2022] AATA 2317
Citation 11
(Para 23)
…But that does not require that the case be extremely unusual, uncommon or exceptional: Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32; 108 ALR 322. In Beadle the Full Court, having concluded that the term “special” was sufficiently well understood not to require a judicial gloss said the matter…
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Morgan and Registrar of Aboriginal and Torres Strait Islander Corporations
[2022] AATA 2234
Citation 12
(Para 28)
…ision with which the Tribunal has jurisdiction to review. [11] Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 [39]–[40]; Commonwealth Bank Officers Superannuation Corporation Pty Ltd v Commissioner of Taxation (2005) 148 FCR 427. [12]Section 617–1 Item 6. CONSIDERATION…
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Dobbie; Secretary, Department of Social Services and (Social services second review)
[2022] AATA 324
Citation 13
…s; Jarlas Pty Ltd v Federal Commissioner of Taxation (1987) 74 ALR 455 Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 108 ALR 322 SECONDARY MATERIALS United Nations Human Rights Council, United Nations Questionnaire on social protection of older persons addressed to Governments by the Indep…
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Deputy Commissioner of Taxation v State Grid International Australia Development Company Limited
[2022] FCA 139
Citation 14
(Para 24)
…noco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry ”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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Tweedale v Carnival Plc trading as P&O Cruises
[2021] FCA 1633
Citation 15
(Para 27)
…noco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry ”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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Barilaro v Shanks-Markovina (No 1)
[2021] FCA 789
Citation 16
(Para 5)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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ANL Singapore Pte Ltd v Visy Paper Pty Ltd
[2021] FCA 439
Citation 17
(Para 3)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL
[2021] FCAFC 48
Citation 18
(Para 1)
…e question is not whether it should exercise those powers, but whether it has those powers: Social Security, Secretary, Department of v Hodgson (1992) 37 FCR 32 (at 39-40); and Australian Securities & Investments Commission v Donald [2003] FCAFC 318; (2003) 136 FCR 7 per Kenny J (at [21] and [24]-[36]) and Downes J…
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Commissioner of Taxation v Apted
[2021] FCAFC 45
Citation 19
(Para 19)
…by the Tribunal is necessarily involved in the making of the decision under review — see Department of Social Security v Hodgson (1992) 37 FCR 32 at 39-40.…
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Magok and Secretary, Department of Social Services (Social services second review)
[2021] AATA 571
Citation 20
(Para 23)
…But that does not require that the case be extremely unusual, uncommon or exceptional: Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32; 108 ALR 322. In Beadle the Full Court, having concluded that the term “special” was sufficiently well understood not to require a judicial gloss said the matter…
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King Eeducational Service Pty Ltd trading as Kinggdom Institute of Management and Australian Skills Quality Authority
[2020] AATA 5105
Citation 21
(Para 1)
…primary decision-maker must not take into account must not be taken into account by the AAT. ”[168] [163] [2020] FCA 617 [164] [1992] FCA 338; (1992) 37 FCR 32; 108 ALR 322; 15 AAR 563; 27 ALD 309; Hill J [165] [2003] FCAFC 318; (2003) 136 FCR 7; 203 ALR 566; 48 ACSR 394; 22 ACLC 24; 38 AAR 288; 77 ALD 449; Gray,…
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Mohammad and Secretary, Department of Social Services (Social services second review)
[2020] AATA 4911
Citation 22
(Para 21)
…not require that the case be extremely unusual, uncommon or exceptional - Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 108 ALR 322. In Beadle (supra) the Full Court, having concluded that the term "special" was sufficiently well understood not to require a judicial gloss said the matter…
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ACN 117 641 004 Pty Ltd (in liquidation) (formerly Vale Pty Ltd) v S&P Global, Inc
[2020] FCA 1745
Citation 23
(Para 6)
…o Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a prima…
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Australian Information Commissioner v Facebook Inc (No 2)
[2020] FCA 1307
Citation 24
(Para 27)
…ble case”: Akai Pty Limited (in liq) v Ho (2006) 230 ALR 107 at [6] per Gyles J, referring to: WSGAL Pty Limited v Trade Practices Commission (1992) 39 FCR 472 at 476 per Beaumont J; Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. C.3 Prima facie case and the drawing of inferences…
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Binqld Finances Pty Ltd (In Liq) v Israel Discount Bank Limited; In the Matter of Binqld Finances Pty Ltd (In Liq) (No 2)
[2020] FCA 1208
Citation 25
(Para 13)
…oco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a prim…
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Condor Fresh Pty Limited v Pacific International Lines (Pte) Ltd
[2020] FCA 993
Citation 26
(Para 12)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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SYKG and Secretary, Department of Social Services (Social services second review)
[2020] AATA 1912
Citation 27
(Para 14)
…require that the case be extremely unusual, uncommon or exceptional: Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 108 ALR 322. In Beadle the Full Court, having concluded that the term ‘special’ was sufficiently well understood not to require a judicial gloss said the matter was one for th…
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AHAMED v Secretary, Department of Social Services
[2020] FCCA 1245
Citation 28
(Para 7)
…tremely unusual, uncommon or exceptional - Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 108 ALR 322. In Beadle (supra) the Full Court, having concluded that the term "special" was sufficiently well understood not to require a judicial gloss said the matter was one for the decision-maker,…
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Australian Skills Quality Authority v Brighton Pacific Pty Ltd
[2020] FCA 617
Citation 29
(Para 13)
…e of reviewing a decision” it is helpful to have regard initially to the decision of Hill J in Secretary, Department of Social Security v Hodgson (1992) 108 ALR 322; (1992) 37 FCR 32. In that case a delegate of the Secretary made a decision to recover an overpayment of unemployment benefits paid to the respondent, ho…
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PDWL and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)
[2020] AATA 485
Citation 30
(Para 23)
…cised by the Tribunal is necessarily involved in the making of the decision under review - see Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 at 39 – 40. (emphasis in the original) [30] Thus, so long as the exercise of powers and discretions by the Tribunal is for the purpose of reviewing a dec…
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TSMB and Secretary, Department of Social Services (Social services second review)
[2019] AATA 4366
Citation 31
(Para 23)
…t does not require that the case be extremely unusual, uncommon or exceptional - Secretary, Department of Social Security v Hodgson (1992) 108 ALR 322. In Beadle (supra) the Full Court, having concluded that the term "special" was sufficiently well understood not to require a judicial gloss said the matter was one fo…
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Kemp and Comcare (Compensation)
[2019] AATA 3552
Citation 32
(Para 2)
…vosel v Comcare [2017] FCA 722 Plumb v Comcare [1992] FCA 595; (1992) 39 FCR 236 Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 at 39; 27 ALD 309 Shi v Migration Agents Registration Authority [2008] HCA 31 SECONDARY MATERIALS Comcare, ‘Guide to the assessment of the degree of permanent Impairme…
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Sanum Investments Limited v ST Group Co., Ltd (No 2)
[2019] FCA 1047
Citation 33
(Para 9)
…oco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a prim…
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Pilkin v Sony Australia Limited (No 2)
[2019] FCA 980
Citation 34
(Para 10)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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Israel Discount Bank Limited v ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd)
[2019] FCAFC 90
Citation 35
(Para 5)
…adduce additional evidence to that put before the Court for the purposes of obtaining the original order: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472.…
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Boyton and Secretary, Department of Social Services (Social services second review)
[2019] AATA 775
Citation 36
(Para 35)
…In Re Secretary, Department of Social Security v Geoffrey Hodgson [1992] FCA 338; (1992) Assc 92-126; (1992) 108 ALR 322; (1992) 15 AAR 563; (1992) 37 FCR 32; (1992) 27 ALD 309, Hill J explained: ‘Where its jurisdiction is enlivened by an application to review an administrative decision it exists to do again, within…
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Elgar and Secretary, Department of Social Services (Social services second review)
[2019] AATA 60
Citation 37
(Para 42)
…at does not require that the case be extremely unusual, uncommon or exceptional - Secretary, Department of Social Security v Hodgson [1992] FCA 338 ; (1992) 108 ALR 322.…
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Thurling and Secretary, Department of Social Services (Social services second review)
[2019] AATA 3
Citation 38
(Para 21)
…the power to write-off “ does not impact upon the liability of the person overpaid ”.[36] [36] Secretary, Department of Social Security v Hodgson (1992) 108 ALR 322, at 333; Re L and Department of Social Security [1995] AATA 226, at [7].…
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Singh v Minister for Immigration
[2018] FCCA 3420
Citation 39
(Para 9)
…ine. Its determination on that issue involved no question of law: see Secretary of the Department of Social Services v Hodson [1992] FCA 338; (1992) 37 FCR 32 at 42 in the context of the expression " special circumstances ".…
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Merc Training Pty Ltd and Australian Skills Quality Authority
[2018] AATA 2298
Citation 40
(Para 14)
…In Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32, the Federal Court addressed a similar question, namely that if the original decision-maker had not made any decision not to waive the payment of a debt, would it follow that the Administrative Appeals Tribunal, on review, would not have the pow…
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ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd) v Binetter, in the matter of ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd)
[2018] FCA 952
Citation 41
(Para 8)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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Basra v Minister for Immigration and Border Protection
[2018] FCA 422
Citation 42
(Para 9)
…ore the duty) to do again that which the second delegate had been entrusted to do: see Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32; Commissioner of Taxation v Hornibrook (2006) 156 FCR 313 at [97]-[100]. Alternatively, as was submitted below, the second Tribunal should have recognised (as th…
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Obst and Secretary, Department of Social Services (Social services second review)
[2018] AATA 689
Citation 43
(Para 10)
…the case be extremely unusual, uncommon or exceptional; Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 37 FCR 32; 27 ALD 309; 108 ALR 322 (Exhibit 5, para 49) · In Groth v Secretary, Department of Social Security [1995] FCA 1708, Kiefel J said at 545, after referring to Beadle’s case: ...…
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Philipsen v American Medical Systems LLC
[2018] FCA 246
Citation 44
(Para 14)
…First, the Court is not required to undertake a “substantial” inquiry: WSGAL Pty Limited v Trade Practices Commission (1992) 39 FCR 472 (FC) at 476 (Beaumont J); Ho v Akai Pty Ltd (in liq) (2006) 247 FCR 205 at [10] (the Court). In WSGAL Beaumont J remarked that the kind of evidence adduced on an inquiry such as thi…
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Morris v McConaghy Australia Pty Ltd
[2018] FCA 435
Citation 45
(Para 2)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…
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Chamberlain Group, Inc v Giant Alarm System Co, Ltd
[2017] FCA 1472
Citation 46
(Para 25)
…iven the nature of the present application, I see no reason why I should not proceed on that evidence: WSGAL Pty Limited v Trade Practices Commission (1992) 39 FCR 472 at 476; GE BetzDearborn Canada Company v Memcor Australia Pty Ltd [2013] FCA 78 at [12]; Vringo Infrastructure Inc v ZTE (Australia) Pty Ltd (No 4) […
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Placer Dome Inc v Commissioner of State Revenue
[2017] WASCA 165
Citation 47
(Para 3)
…s limitations in the Administration Act . [135] Decisions most often cited include Secretary, Department of Social Security v Hodgson [1992] FCA 338; (1992) 37 FCR 32 [39] and Commonwealth Bank Officers Superannuation Corporation Pty Ltd v Commissioner of Taxation [2005] FCAFC 244; (2005) 148 FCR 427 [28]. [136] Ho…
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Jia and Secretary, Department of Social Services
[2017] AATA 1593
Citation 48
(Para 23)
…315; [2008] HCA 31 [100] (Hayne and Heydon JJ). 20. In Secretary, Department of Social Security v Hodgson , Hill J stated: [11] [11] (1992) 108 ALR 322, 330 The language of s 43 is quite clear and unambiguous. It empowers the Tribunal to exercise all the powers and discretions conferred upon the original decision-ma…
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Nairn and National Disability Insurance Agency
[2017] AATA 242
Citation 49
(Para 1)
…rative decision it exists to do again, within the limits of the review, that which the decision-maker was entrusted to do. … ”[53] [51] (1992) 37 FCR 32 [52] (1992) 37 FCR 32 at 39 [53] (1992) 37 FCR 32 at 39-40…
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Olson v Keefe
[2017] FCA 101
Citation 50
(Para 9)
…onoco Specialty Products Inc (1991) 28 FCR 387 at 390. It “should not call for a substantial inquiry”: WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472 at 476; see also Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 at 549. For present purposes it is sufficient to say that a pr…