AHW16 v AAT/Human Services

[2016] FCCA 921

FEDERAL CIRCUIT COURT OF AUSTRALIA

AHW16 v AAT/HUMAN SERVICES & ANOR [2016] FCCA 921

Catchwords:
CHILD SUPPORT – Extension of time – no appearance by the applicant – application dismissed for want of appearance.

Legislation:

Child Support (Assessment) Act 1989

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Applicant: AHW16

First Respondent: AAT/HUMAN SERVICES

Second Respondent: AHX16

File Number: SYG 310 of 2016

Judgment of: Judge Street

Hearing date: 21 April 2016

Date of Last Submission: 21 April 2016

Delivered at: Sydney

Delivered on: 21 April 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Ms B Rayment
Child Support Registrar

ORDERS

1. The notice of appeal is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The applicant pay the costs of the first respondent fixed in the amount of $3500.

IT IS NOTED that publication of this judgment under the pseudonym AHW16 v AAT/Human Services & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 310 of 2016

AHW16

Applicant

And

AAT/HUMAN SERVICES

First Respondent

AHX16

Second Respondent

REASONS FOR JUDGMENT

1. This is an application by the first respondent under r.13.03C(1)(c) for the dismissal of the application for the failure of the applicant to appear. The matter is listed at 9.30 am today and it is now past 10.15 am. The matter has been called outside the court and the applicant has not appeared.

2. The extension of time application was the subject of orders made on 10 March 2016. Those order provided a timetable in relation to the application for an extension of time required in respect of the applicant’s application concerning a decision of the AAT delivered on 14 December 2015 arising under the Child Support (Assessment) Act 1989.  The right of review to this Court from the AAT is on a question of law and the application in the present case required an extension of time.

3. I am satisfied that the applicant was well aware of the hearing date today and that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The notice of appeal to this Court is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Date:  4 May 2016