Birta v Social Security Appeals Tribunal

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BIRTA v SOCIAL SECURITY APPEALS TRIBUNAL [2010] FMCA 429

COURTS AND JUDICIAL SYSTEM – Jurisdiction – Federal Magistrates Court in Western Australia has no jurisdiction to make orders departing from child support assessment – application dismissed for want of jurisdiction.

Child Support (Registration and Collection) Act 1988, ss.110B, 110D

Williams v Child Support Registrar (2009) 109 ALD 343; [2009] FMCA 481

Applicant: MARCEL BIRTA

Respondent: SOCIAL SECURITY APPEALS TRIBUNAL

File Number: PEG 80 of 2010

Judgment of: Lucev FM

Hearing date: 21 June 2010

Date of Last Submission: 21 June 2010

Delivered at: Perth

Delivered on: 21 June 2010

REPRESENTATION

The Applicant: In person

The Respondent: No appearance

ORDERS

1. The application be dismissed.

2. There be no order as to costs.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PERTH

PEG 80 of 2010

MARCEL BIRTA

Applicant

And

SOCIAL SECURITY APPEALS TRIBUNAL

Respondent

REASONS FOR JUDGMENT

(Ex tempore reasons edited from the transcript)

Application

1. There is an application before the Court headed Notice of Appeal (Child Support) that purports to be an appeal from a decision of the Social Security Appeals Tribunal in relation to a child support assessment matter.

2. Mr Birta has confirmed earlier this morning that what is sought by way of substantive relief is to send the matter back to the Social Security Appeals Tribunal to deal with the issue of child support assessment. The respondent does not appear, having advised the Court that it considers the Court does not have jurisdiction to deal with the matter. In the Court’s view it is unfortunate that the respondent does not appear, particularly if, as Mr Birta asserts, it is issuing letters in the State of Western Australia advising persons who come before it that they have a right of appeal to this Court in child support assessment matters. Nevertheless, at the end of the day if the Court has no jurisdiction then the Court has no jurisdiction to deal with the matter, notwithstanding what the respondent might be advising persons who appear before it.

Jurisdiction to vary child support assessment

1. In relation to the jurisdiction of the Court to deal with a matter of this type, the Court in Williams v Child Support Registrar[1] held that this Court does not have jurisdiction to deal with cases seeking relief in relation to the reassessment of child support assessment, as follows:

   [1] (2009) 109 ALD 343; [2009] FMCA 481 (“Williams”).

   53.Save for the provision relating specifically to DPO, the jurisdiction of this Court in child support assessment matters is prescribed by s.99(1) of the CS(A) Act which provides as follows:

   (1)  Jurisdiction is conferred on the Family Court and the Federal Magistrates Court and, subject to subsection (7), the Supreme Court of the Northern Territory, and each Family Court of a State is invested with federal jurisdiction in relation to matters arising under this Act.

   54.The Registrar argued that in Western Australia, this Court is not a court of competent jurisdiction for the…