Trent Glover SC appeared recently for the successful respondent, Secretary of the Department of Social Services, before Perry J in the Federal Court of Australia: Ma v Secretary, Department of Social Services [2024] FCA 1467. The case raised novel issues concerning calculating entitlement to Austudy in the context of vocational courses which offer flexible study hours.

The decision was an appeal under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal (second Tribunal). By that decision, the second Tribunal affirmed a decision of the Social Services and Child Support Division of the Tribunal which found that the applicant had two debts to the Commonwealth arising out of overpayment of Austudy.

The full judgement can be found here.