FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CARLSON & ACUFF & ANOR (SSAT APPEAL) | [2010] FMCAfam 677 |
| CHILD SUPPORT – Appeal regarding child support – SSAT. |
| Child Support (Assessment) Act 1989, s.117 Child Support (Registration and Collection) Act, ss.101, 103H, 103N(2) |
| Acuff & Carlson [2006] FMCAfam 14 DJM & LNM [1998] FamCA 97; (1998) FLC ¶92-816; (1998) 23 Fam LR 396 Tyagi & Meares [2008] FMCAfam 886; (2008) 39 Fam LR 604 |
| Appellant: | MR CARLSON |
| First Respondent: | MS ACUFF |
| Second Respondent: | CHILD SUPPORT REGISTRAR |
| File Number: | HBC 1208 of 2008 |
| Judgment of: | Riethmuller FM |
| Hearing date: | 25 January 2010 |
| Date of Last Submission: | 25 January 2010 |
| Delivered at: | Melbourne |
| Delivered on: | 30 June 2010 |
REPRESENTATION
| Counsel for the Appellant: | The Appellant appearing in person |
| Solicitors for the First Respondent: | Mr Blissenden |
| Solicitors for the Second Respondent: | Blake Dawson |
ORDERS
The appeal be allowed.
That the matter be remitted to the Social Security Appeals Tribunal to be heard and determined according to law.
The Second Respondent to provide written submissions on the issue of the costs of the SSAT transcript within 14 days.
The Appellant to provide a response within 14 days.
Liberty be reserved to the parties to mention this matter to me, by arrangement with my Associate [contact details omitted] in relation to an oral hearing.
IT IS NOTED that publication of this judgment under the pseudonym Carlson & Acuff is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
HBC 1208 of 2008
| MR CARLSON |
Appellant
And
| MS ACUFF |
First Respondent
| CHILD SUPPORT REGISTRAR |
Second Respondent
REASONS FOR JUDGMENT
This is an appeal from a decision of the Social Security Appeals Tribunal (‘SSAT’) dated 29 October 2008 with respect to the child support assessment of the appellant and the respondent.
In the Notice of Appeal and a supporting affidavit the appellant raises many grounds of appeal. In the Notice of Appeal it is claimed that the SSAT:
a)erred in law in that no tribunal properly advised as to the law in light of the evidence could reasonably have reached the same conclusions;
b)failed to consider the evidence or make findings of fact in relation to the evidence;
c)failed to apply the correct law in relation to its findings;
d)refused to admit S’s affidavit evidence relevant to the issues before the Tribunal;
e)failed to give effect to their finding that Reason 3 has been established;
f)failed to consider the evidence in reaching its conclusions and held itself bound to the Federal Magistrate’s findings made in 2006 in respect of different evidence and circumstances.
In the affidavit the appellant set out further grounds of appeal. While some grounds elaborated those set out in the Notice of Appeal, the following appear to be separate grounds of appeal:
a)The SSAT erred…
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- Case
- [2010] FMCAfam 677
- Decision Date
CaseChat Overview and Summary
The court found that the SSAT's interpretation of Section 103H was correct, as the provision explicitly referred to "a person" who cannot give evidence, unlike other sections that refer to "a child." However, the court identified a significant error in the SSAT's handling of the evidence concerning the adult child's financial contributions and capacity to support themselves. The court concluded that the SSAT had failed to fully consider whether the adult child could reasonably be expected to contribute financially to the household, despite her part-time work and full-time studies. This oversight was deemed a material error that warranted the appeal.
The court allowed the appeal and remitted the matter to the SSAT to be reheard and determined according to law. The court also directed the second respondent to provide written submissions on the costs of the SSAT transcript within 14 days, with the appellant to respond within the same period. The court reserved liberty for the parties to mention this matter for an oral hearing, with details to be arranged with the court’s associate.
Orders
Orders of the court
1.
The appeal be allowed.
2.
That the matter be remitted to the Social Security Appeals Tribunal to be heard and determined according to law.
3.
The Second Respondent to provide written submissions on the issue of the costs of the SSAT transcript within 14 days.
4.
The Appellant to provide a response within 14 days.
5.
Liberty be reserved to the parties to mention this matter to me, by arrangement with my Associate [contact details omitted] in relation to an oral hearing.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.