Ahern and Ahern and Anor (SSAT Appeal)

This matter concerned an appeal from a decision of the Social Security Appeals Tribunal. The parties involved were the Appellant, the First Respondent, and the Second Respondent Child Support Registrar. The core of the dispute revolved around child support arrears and the collection and enforcement of those arrears.

The court was required to determine the appropriate costs orders following the appeal. Specifically, it needed to consider whether to award costs to the Appellant against the Second Respondent Child Support Registrar, and in what amount, and whether to make any order for costs in respect of the First Respondent. The court also had to consider discharging previous orders made in relation to child support payments and the retention of funds by the Child Support Registrar.

In reaching its decision, the court applied the principles set out in section 117 of the *Family Law Act 1975* (Cth). This section establishes a general rule that each party bears their own costs, but allows the court to make such order as it considers just if there are circumstances justifying it, having regard to the matters set out in subsection 117(2A). The court found that the Appellant had wholly succeeded on the grounds of appeal that were pursued, as the court found no jurisdiction in relation to the Tribunal's decision for the period the Appellant sought to appeal.

The court ordered that the Second Respondent Child Support Registrar pay the Appellant's costs, fixed at $18,680.00, to be paid within three months. No order for costs was made in respect of the First Respondent. The orders made on 23 November 2012 were discharged.