Caldwell and Thwaites

Case

[2013] FCCA 2174

10 December 2013


Details
AGLC Case Decision Date
CALDWELL & THWAITES [2013] FCCA 2174 [2013] FCCA 2174 10 December 2013

CaseChat Overview and Summary

In *Caldwell and Thwaites*, heard by Judge Scarlett, the applicant sought leave to apply to the Child Support Registrar for a determination concerning child support payments for a specific period. The dispute centred on the applicant's ability to seek a retrospective adjustment to child support assessments.

The primary legal issue before the court was whether the applicant should be granted leave, pursuant to section 112 of the *Child Support (Assessment) Act 1989* (Cth), to apply for a determination under section 98S of the same Act. This determination related to the period between 19 June 2007 and 3 September 2007.

Judge Scarlett granted the applicant leave to apply to the Child Support Registrar for the determination. This decision indicates that the court was satisfied that the criteria for granting such leave under section 112 of the Act had been met, permitting the Registrar to consider the retrospective adjustment of child support obligations for the specified period.
Details

Areas of Law

  • Administrative Law

  • Family Law

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Standing

  • Statutory Construction

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