Child Support Registrar & Nixon

The appeal concerned an application by the Child Support Registrar to set aside orders made by the Family Court of Australia on 24 November 2003. Federal Magistrate Baumann had previously found that there had been a miscarriage of justice in the making of those orders. The appeal was heard by Finn, Holden and Warnick JJ.

The central legal issue before the Full Court was whether, in light of Federal Magistrate Baumann's finding of a miscarriage of justice, the discretion should be exercised to set aside the original Family Court orders. The court was required to consider the implications of this finding for the Registrar's application.

The Full Court allowed the appeal, setting aside the order of Federal Magistrate Baumann. The court remitted the Registrar's application for re-hearing before a different Federal Magistrate. This re-hearing was limited to determining whether, given the finding of a miscarriage of justice, the discretion should be exercised to set aside the 2003 orders. The court also granted costs certificates to the first and second respondents under the Federal Proceedings (Costs) Act 1981.