Carrigan & Fredericks (SSAT Appeal)

Case [2011] FMCAfam 544


FEDERAL MAGISTRATES COURT OF AUSTRALIA

CARRIGAN & FREDERICKS (SSAT APPEAL) [2011] FMCAfam 544
CHILD SUPPORT – Appeal from decision of SSAT – error of law – terminating event for child support purposes – payer of child support resident in [Q] – whether error of law established in reasoning of SSAT – error established – appeal upheld.
Child Support (Assessment) Act 1989, ss.12(3), 12(4A)(b), 25, 29A, 74, 100, 117(7B)
Child Support (Registration and Collection) Act 1988, ss.17, 72D, 110B, 110E, 110F, 110G, 110G(2)
Family Law Act 1975 (Cth), s.117
Income Tax Assessment Act 1936, ss.6(a), 7A(2)
Taxation Ruling IT2650
Maider & Carrigan [2009] FamCA 483
SSAT Reasons for Decision dated 24 May 2010
Neal v Secretary, Department of Transport (1980) 3 ALD 97
Comcare v Etheridge [2006] FCAFC 27
Blackwood Hodge (Australia) Pty Ltd v Collector of Customs (No.2) (1980) 33 ALD 38
Htun v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 244
Apthorpe v Repatriation Commission (1987) 13 ALD 656
Minister for Immigration & Multicultural Affairs: Ex Parte Applicant S20/2002 (2003) 198ALR 59
Collector of Customs v Pressure Tankers Pty Ltd and Pozzolanic Enterprise Pty Ltd [1993] 43 FCR 280
LDME & JMA [2007] FMCAfam 712
Browne v Green (2002) 29 Fam LR 428
Applicant: MR CARRIGAN
Respondent: MS FREDERICKS
File Number: ADC 2519 of 2010
Judgment of: Brown FM
Hearing date: 29 March 2011
Date of Last Submission: 29 March 2011
Delivered at: Adelaide
Delivered on: 15 June 2011

REPRESENTATION

Counsel for the Applicant: Ms Ross
Solicitor for the Applicant: Matthew Mitchell
Counsel for the Respondent: Ms Fredericks in Person

ORDERS

  1. The decision of the Social Securities Appeals Tribunal made on 24 May 2010 and despatched on 7 June 2010 be set aside.

  2. It is declared that the appellant ceased to be a permanent resident of Australia on 17 January 2008 and this constituted a terminating event for the purposes of all pre-existing administrative assessments of child support pertaining to the parties in these proceedings.

  3. The notice of appeal filed on 2 July 2010 is dismissed.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT ADELAIDE

ADC 2519 of 2010

MR CARRIGAN

Applicant

And

MS FREDERICKS

Respondent

REASONS FOR JUDGMENT

Introduction

  1. These proceedings were commenced by Mr Carrigan (“the appellant”). The respondent in the proceedings is Ms Fredericks (formerly


    Ms Maider) (“the respondent”). The proceedings are concerned with a decision of the Social Securities Appeal Tribunal “the SSAT” made on 24 May 2010.[1]

    [1]  The decision was despatched to the parties on 7 June 2010.

  2. On 2 July 2010, the appellant filed a notice of appeal, in this court, in respect of the decision.  He seeks an order that the decision of the SSAT be set aside.  The decision concerns the appellant’s residency in Australia, for the purpose of calculating child support, particularly the exact date on which he…

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AGLC
Carrigan & Fredericks (SSAT Appeal) [2011] FMCAfam 544
Case
[2011] FMCAfam 544
Decision Date

CaseChat Overview and Summary

The appeal before the court involved Carrigan, the appellant, and Fredericks, the respondent. The dispute centred on the validity of the appellant’s permanent residency status and its effect on child support assessments. The matter was determined in the Federal Circuit Court of Australia. The appellant argued that the tribunal had erred in finding that his departure from Australia on 17 January 2008 did not result in the termination of his permanent residency and, consequently, the child support assessments. The respondent contended that the tribunal's decision was correct and that the appellant's departure did not constitute a terminating event for the purposes of the child support assessments.

The court was tasked with determining whether the appellant's departure from Australia on 17 January 2008 constituted a terminating event for the purposes of child support assessments. The court had to consider whether the appellant's departure resulted in a cessation of his permanent residency status and, if so, whether this cessation constituted a terminating event. The court also needed to examine the relevant legislative provisions and the applicable administrative practices to ascertain the correct interpretation and application of the law in this context.

In delivering the judgment, the court examined the statutory provisions and administrative guidelines governing the cessation of permanent residency and its impact on child support assessments. The court held that the appellant's departure from Australia on the specified date did indeed result in the termination of his permanent residency status. Consequently, this termination constituted a terminating event for the purposes of all pre-existing administrative assessments of child support. The court found that the tribunal had erred in its assessment of the appellant's residency status and its implications for the child support assessments. The appeal was dismissed, and the decision of the tribunal was set aside.

Orders

Orders of the court

1.

The decision of the Social Securities Appeals Tribunal made on 24 May 2010 and despatched on 7 June 2010 be set aside.

2.

It is declared that the appellant ceased to be a permanent resident of Australia on 17 January 2008 and this constituted a terminating event for the purposes of all pre-existing administrative assessments of child support pertaining to the parties in these proceedings.

3.

The notice of appeal filed on 2 July 2010 is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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