Child Support Registrar and Scullin & Anor (SSAT Appeal)

The Child Support Registrar sought leave to appeal against the orders of the Full Court of the Federal Circuit Court of Australia, which had set aside a determination of the Social Security Appeals Tribunal (SSAT). The father had appealed the SSAT's decision to the Federal Circuit Court, which had set aside the original decision. The central issue before the court was whether the SSAT, in reviewing the Registrar's determination concerning the amount of child support payable for a specific period, failed to provide the father with procedural fairness by not informing him of the proposed duration of the assessment. The trial judge had found that the father was not given procedural fairness. However, the Full Court of the Federal Circuit Court had found that there was no practical injustice or unfairness in the SSAT hearing.

The court granted leave to appeal and allowed the appeal, setting aside the orders of the Full Court of the Federal Circuit Court. The court found that while there was no denial of procedural fairness, there was an error in the proceedings. The decision was influenced by the Full Court's reasoning in Minister for Immigration and Citizenship v SZGUR (2010) 241 CLR 954. The court emphasised the importance of procedural fairness in administrative decision-making, particularly in matters involving child support. The orders of the Full Court were set aside, and each party was ordered to bear their own costs of and incidental to the appeal. Additionally, applications for a certificate under the Federal Proceedings (Costs) Act 1981 (Cth) by both the Registrar and the first respondent were dismissed.