AEL24 v Child Support Registrar - [2025] FedCFamC2G 1174

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
AEL24 v Child Support Registrar [2025] FedCFamC2G 1174

File number(s): BRG 18 of 2024

Judgment of: JUDGE L. TURNER

Date of judgment: 25 July 2025

Catchwords: CHILD SUPPORT- Appeal – Notice of Appeal failed to establish that there had been an error in law made by the Administrative Appeals Tribunal – Appeal dismissed – Costs reserved pending written submissions

Legislation:
Administrative Appeals Tribunal Act 1975

Administrator’s Decisions (judicial review) Act 1977 s 5

Child Support (Assessment) Act 1989 s 117

Cases cited: BVG17 v BVH17 (2019) 268 FCR 448
Child Support Registrar & Crowley and Anor [2015] FamCAFC 76
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280
Haritos v Commissioner of Taxation (2015) 233 FCR 315
HGMZ v Secretary, Department of Social Services [2012] FCA 280
Shearer & Benson (SSAT Appeal) [2011] FMCAfam 623
Waterford v The Commonwealth (1987) 163 CLR 54

Division: Division 2 General Federal Law

Number of paragraphs: 44

Date of last submission/s: 23 October 2024

Date of hearing: 23 October 2024

Place: Brisbane

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the First Respondent: Ms Helsdon, Sparke Helmore

Counsel for the Second Respondent: The Second Respondent appeared in person

Counsel for the Third Respondent: The Third Respondent did not appear.
ORDERS

BRG 18 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
AEL24

Applicant

AND:
CHILD SUPPORT REGISTRAR

First Respondent

BUZ24

Second Respondent

ADMINISTATIVE APPEALS TRIBUNAL

Third Respondent

ORDER MADE BY:

JUDGE L. TURNER

DATE OF ORDER:

25 JULY 2025

THE COURT ORDERS THAT:
1.The Notice of Appeal filed by the Applicant on 16 January 2024, as to the decision of the Administrative Appeals Tribunal made on 30 October 2023, is hereby dismissed.
2.Within twenty-eight (28) days from the date hereof the First Respondent (Child Support Registrar) and the Third Respondent (Administrative Appeals Tribunal) file and serve short written submissions as to fixed costs.
3.Within twenty-eight (28) days from the date hereof the Applicant file and serve short written submissions in reply as to the costs being sought by the First Respondent and the Third Respondent.
4.Judgment in respect to costs of the First Respondent and the Third Respondent is hereby reserved.

Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
Note: Section 110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in child support proceedings.
IT IS NOTED that publication of this judgment under…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FedCFamC2G 1174
Decision Date: 25 July 2025

CaseChat Overview and Summary

The case of AEL24 v Child Support Registrar involved an appeal against a decision made by the Administrative Appeals Tribunal (AAT) concerning child support matters. The applicant, AEL24, sought to appeal the AAT's decision, which was rendered on 30 October 2023. The appeal was lodged on 16 January 2024 and was heard by Judge L. Turner in the Federal Circuit and Family Court of Australia (Division 2). The respondents to the appeal included the Child Support Registrar (first respondent), Buz24 (second respondent), and the AAT (third respondent).

The primary legal issue before the court was whether the Notice of Appeal filed by the applicant successfully established that an error in law had been made by the AAT. The court examined Ground 5 of the Notice of Appeal, which the applicant relied upon, but found that it did not demonstrate any factual basis for an error in law by the AAT. Consequently, the court concluded that the grounds for the appeal were without merit, and the applicant's appeal was dismissed.

The court further directed that written submissions regarding fixed costs be filed by the first and third respondents within twenty-eight days from the date of the order. The applicant and the second respondent were also required to submit written responses to the costs being sought by the first and third respondents. Judgment on the costs incurred by the first and third respondents was reserved pending the receipt of the written submissions.

Orders

Orders of the court

BRG 18 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

AEL24

Applicant

AND:

CHILD SUPPORT REGISTRAR

First Respondent

BUZ24

Second Respondent

ADMINISTATIVE APPEALS TRIBUNAL

Third Respondent

ORDER MADE BY:

JUDGE L. TURNER

DATE OF ORDER:

25 JULY 2025

THE COURT ORDERS THAT:

1. The Notice of Appeal filed by the Applicant on 16 January 2024, as to the decision of the Administrative Appeals Tribunal made on 30 October 2023, is hereby dismissed.

2. Within twenty-eight (28) days from the date hereof the First Respondent (Child Support Registrar) and the Third Respondent (Administrative Appeals Tribunal) file and serve short written submissions as to fixed costs.

3. Within twenty-eight (28) days from the date hereof the Applicant file and serve short written submissions in reply as to the costs being sought by the First Respondent and the Third Respondent.

4. Judgment in respect to costs of the First Respondent and the Third Respondent is hereby reserved.

Note: The form of the order is subject to the entry in the Court’s records.

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

Note: Section 110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in child support proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

I find that Ground 5 is without merit and must fail as there is no evidence before the court of any fact that the decision has been based upon where that fact does not exist.OVERALL CONCLUSION As the grounds for appeal has failed to establish an error in law by the AAT, then I have no choice but to dismiss the applicant’s appeal.COSTS Costs have been incurred by the first respondent (CSR) and the third respondent (AAT) and accordingly directions have been made for the filing of cost submissions by the applicant and the second respondent and third respondents. Directions have not included the first respondent as the mother was a self-represented litigant Otherwise, judgment as to costs is hereby reserved.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	BRG 18 of 2024
Judgment of:	JUDGE L. TURNER
Date of judgment:	25 July 2025
Catchwords:	CHILD SUPPORT- Appeal – Notice of Appeal failed to establish that there had been an error in law made by the Administrative Appeals Tribunal – Appeal dismissed – Costs reserved pending written submissions
Legislation:	Administrative Appeals Tribunal Act 1975 Administrator’s Decisions (judicial review) Act 1977 s 5 Child Support (Assessment) Act 1989 s 117
Cases cited:	BVG17 v BVH17 (2019) 268 FCR 448 Child Support Registrar & Crowley and Anor [2015] FamCAFC 76 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Haritos v Commissioner of Taxation (2015) 233 FCR 315 HGMZ v Secretary, Department of Social Services [2012] FCA 280 Shearer & Benson (SSAT Appeal) [2011] FMCAfam 623 Waterford v The Commonwealth (1987) 163 CLR 54
Division:	Division 2 General Federal Law
Number of paragraphs:	44
Date of last submission/s:	23 October 2024
Date of hearing:	23 October 2024
Place:	Brisbane
Counsel for the Applicant:	The Applicant appeared in person
Solicitor for the First Respondent:	Ms Helsdon, Sparke Helmore
Counsel for the Second Respondent:	The Second Respondent appeared in person
Counsel for the Third Respondent:	The Third Respondent did not appear.

BRG 18 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	AEL24 Applicant
AND:	CHILD SUPPORT REGISTRAR First Respondent BUZ24 Second Respondent ADMINISTATIVE APPEALS TRIBUNAL Third Respondent

ORDER MADE BY:	JUDGE L. TURNER
DATE OF ORDER:	25 JULY 2025