Brock, R.E. v Deputy Child Support Registrar

The case of Roger Edward Brock v Deputy Child Support Registrar involves an application by Brock for orders of review against four decisions made by the Deputy Child Support Registrar. These decisions include the Registrar's acceptance of an application for the assessment of child support, the refusal to remove the registration of the child support assessment, and the issuance of an enforcement summons for the payment of arrears. The applicant contends that the Registrar's acceptance of the application was unlawful as it was not accompanied by proof of paternity as required by the Child Support (Assessment) Act 1989 (Cth). The legal issues in this case revolve around the jurisdiction of the Federal Court to review decisions made under the Child Support Scheme, the adequacy of provisions for review within the meaning of the Administrative Decisions (Judicial Review) Act 1977 (Cth), and whether the discretion to dismiss the application should be exercised.

Davies J held that the Federal Court should not exercise its jurisdiction under the ADJR Act when Parliament has made it clear that appeals from decisions of the Registrar should be heard by the Family Court. The court found that adequate provision is made by the Assessment Act and by the Registration Act under which the applicant is entitled to seek a review by the Court of the decisions of the Registrar. The Family Court is the appropriate remedy as it has the power to determine the issue of paternity and set aside the Registrar's acceptance of the application and the assessment of child support. Therefore, the court dismissed the application with costs.