Backus and Backus and Anor (SSAT Appeal) (Corrigendum)

Case

[2011] FMCAfam 516

23 May 2011


FEDERAL MAGISTRATES COURT OF AUSTRALIA

BACKUS & BACKUS & ANOR (SSAT APPEAL) (CORRIGENDUM) [2011] FMCAfam 516
CHILD SUPPORT – Appeal from the Social Security Appeals Tribunal – whether there was any error of law in the decision of the Social Security Appeals Tribunal.

Federal Magistrates Court Rules 2001 (Cth); rr.3.05; 25A.06
Child Support (Registration and Collection) Act 1988 (Cth), ss.89; 110B

Child Support (Assessment) Act 1989 (Cth), ss.3; 4; 98S;117

Abebe v Commonwealth of Australia (1999) 162 ALR 1
Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Ors (1996) 185 CLR 259
Cook v ASP Ship Management [2009] FCAFC 113
Appellant: MS BACKUS
First Respondent: MR BACKUS
Second Respondent: CHILD SUPPORT REGISTRAR
File Number: SYC 311 of 2010
Judgment of: Emmett FM
Hearing date: 23 May 2011
Date of Last Submission: 23 May 2011
Delivered at: Sydney
Delivered on: 23 May 2011

REPRESENTATION

Counsel for the Appellant: Ms A Petrie
Solicitors for the Appellant: Mr S Gray (Hozack Clisdell)
Solicitors for the First Respondent: Mr P White (White & Associates)
Counsel for the Second Respondent: Mr B D Kaplan
Solicitors for the Second Respondent: Ms L James (Child Support Agency)

IT IS NOTED that publication of this judgment under the pseudonym Backus & Backus & Anor (SSAT Appeal) (Corrigendum) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).


FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYC 311 of 2010

MS BACKUS

Appellant

And

MR BACKUS

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

CORRIGENDUM

  1. The last sentence in [31] of the judgment [2011] FMCAfam 503 of Emmett FM should read as follows:

    “There was no adverse finding made against the First Respondent as a result of a failure by the First Respondent to provide adequate financial information to allow it to properly make its decision.” (Emphasis added)

  2. A copy of the judgment [2011] FMCAfam 503 of Emmett FM incorporating the above change, is attached.

I certify that the preceding two (2) paragraphs are a true copy of the Corrigendum to judgment [2011] FMCAfam 503 of Emmett FM

Deputy Associate: 

Date:  25 May 2011

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