FAMILY COURT OF AUSTRALIA
| CHILD SUPPORT REGISTRAR & HIGGINS AND ANOR | [2016] FamCAFC 2 |
| FAMILY LAW – APPEAL – CHILD SUPPORT – Application for leave to appeal – Application for extension of time – Application to adduce further evidence – Where the Child Support Registrar appeals orders of the Federal Circuit Court discharging the father’s obligation to pay Child Support arrears – Where the mother and child live in New Zealand – Where the Child Support obligation derives from a New Zealand assessment – Where the relevant New Zealand agency paid the mother amounts owing pursuant to the father’s Child Support liability and sought reimbursement – Where the father’s New Zealand child support liability is an “agency reimbursement liability” within the meaning of the Child Support (Registration and Collection) Act 1988 (Cth) – Where the orders were based on fundamental errors and misconceptions and made without power – Where leave to appeal granted – Where application for extension of time and application to adduce further evidence granted – Appeal allowed – All orders made by his Honour on 31 January 2013, 21 May 2013 and 29 September 2014 set aside. |
| Child Support (Assessment) Act 1989 (Cth) Child Support (Registration and Collection) Act 1988 (Cth) Family Law Act 1975 (Cth) Family Law Regulations 1984 (Cth) |
Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance (signed in Canberra, 12 April 2000)
| Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 |
Repatriation Commission v Nation (1995) 57 FCR 25
Rutherford and Rutherford (1991) FLC 92-255
Strauss v Strauss (1998) FLC 92-797
| APPELLANT: | Child Support Registrar |
| FIRSTRESPONDENT: | Mr Higgins |
| SECOND RESPONDENT: | Ms Turner |
| FILE NUMBER: | MLC | 8649 | of | 2012 |
| APPEAL NUMBER: | SOA | 75 | of | 2014 |
| SOA | 41 | of | 2015 |
| DATE DELIVERED: | 22 January 2016 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Bryant CJ, Ainslie-Wallace & Murphy JJ |
| HEARING DATE: | 13 July 2015 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT ORDER DATE: | 31 January 2013 21 May 2013 |
| LOWER COURT JUDGMENT DATE: | 29 September 2014 |
| LOWER COURT MNC: | [2014] FCCA 2635 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Wood |
| SOLICITOR FOR THE APPELLANT: | Australian Government Solicitor |
| THE FIRST RESPONDENT: | In person |
| THE SECOND RESPONDENT: | No appearance |
Orders
The Application in an Appeal SOA 41 of 2015 for an extension of time filed by the Child Support Registrar on 22 June 2015 be granted.
The Application in an Appeal SOA 75 of 2014 to adduce further evidence filed by the Child Support Registrar on 26 June 2015 be granted.
Leave to Appeal is granted in respect of each of Appeal SOA 75 of 2014 and SOA 41…
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- Case
- [2016] FamCAFC 2
- Decision Date
CaseChat Overview and Summary
The court considered the registrar's arguments for the extension of time and the admissibility of the new evidence. It was noted that the registrar had a legitimate reason for the delay in filing the applications, and the new evidence could potentially alter the outcome of the appeals. The court found that the registrar had acted diligently and that the new evidence was relevant and material. Consequently, the court granted the registrar's applications for an extension of time and permission to adduce further evidence. Furthermore, the court allowed both appeals, setting aside the orders made by Judge Burchardt.
In the decision, the court outlined the reasoning for allowing the appeals and setting aside the orders. It was determined that Judge Burchardt had erred in his interpretation of certain provisions and had not considered all relevant evidence. The court found that the registrar's interpretation of the law was more accurate, and the new evidence provided by the registrar was compelling. As a result, the orders made by Judge Burchardt were set aside, and the registrar's appeals were allowed.
The court's final orders were that the registrar's applications for an extension of time and permission to adduce further evidence be granted, leave to appeal be granted, both appeals be allowed, the orders made by Judge Burchardt be set aside, and each party bear their own costs of and incidental to each appeal.
Orders
Orders of the court
1.
The Application in an Appeal SOA 41 of 2015 for an extension of time filed by the Child Support Registrar on 22 June 2015 be granted.
2.
The Application in an Appeal SOA 75 of 2014 to adduce further evidence filed by the Child Support Registrar on 26 June 2015 be granted.
3.
Leave to Appeal is granted in respect of each of Appeal SOA 75 of 2014 and SOA 41 of 2015.
4.
Appeal SOA 75 of 2014 be allowed
5.
Appeal SOA 41 of 2015 be allowed.
6.
The orders of Judge Burchardt made on 31 January 2013, 21 May 2013 and 29 September 2014 be all set aside.
7.
Each party shall bear their own costs of and incidental to each appeal.
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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