CHILD SUPPORT REGISTRAR & RANERI - [2014] FamCAFC 159

FAMILY COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & RANERI

[2014] FamCAFC 159

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Where the applicant seeks an order that the appeal be dismissed for non-compliance with orders for the filing of a summary of argument – Family Law Rules 2004 (Cth) r 22.45 – Where the respondent failed to comply with the orders – Where there was no application by the respondent seeking an extension of time – Where in any event there is no utility in the appeal proceeding – Appeal dismissed.

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – COSTS – Where the respondent should pay the costs of the applicant of and incidental to the application.

Child Support (Registration and Collection) Act 1988 (Cth)
Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth) – r 1.08(1)(c) & (e), r 21.02, r 22.45 (1) & (2)

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Jackamarra v Krakouer (1998) 195 CLR 516

APPLICANT:

Child Support Registrar

RESPONDENT:

Mr Raneri

FILE NUMBER:

SYC

279

2011

APPEAL NUMBER:

2013

DATE DELIVERED:

1 September 2014

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Strickland, Ainslie-Wallace & Ryan JJ

HEARING DATE:

1 May 2014

LOWER COURT JURISDICTION:

Family Court of Australia

LOWER COURT JUDGMENT DATE:

10 May 2013

LOWER COURT MNC:

[2013] FamCA 332

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Mr Markus
Australian Government Solicitor

COUNSEL FOR THE RESPONDENT:

In person

SOLICITOR FOR THE RESPONDENT:

Firm R

Orders

The appeal against the orders of Watts J made on 10 May 2013 be dismissed.
The respondent pay the applicant’s costs of and incidental to the application in an appeal filed on 28 March 2014.

IT IS NOTED that publication of this judgment by this Court under the pseudonym CSR & Raneri has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 70 of 2013
File Number: SYC 279 of 2011

Child Support Registrar

Applicant

And

Mr Raneri

Respondent

REASONS FOR JUDGMENT

Introduction

The Child Support Registrar (“the Registrar”) by application in an appeal filed 28 March 2014 seeks an order that the appeal brought by Mr Raneri (“the solicitor”) against orders of Watts J made on 10 May 2013, be dismissed. The Registrar contends that the solicitor has failed to comply with a procedural order made on 11 September 2013 requiring him to file and serve his summary of argument in the appeal on or before 28 February 2014. It is further contended that in any event there is no utility in the appeal.
It is necessary to give some background to the dispute to understand the appeal.

Background

The solicitor acted for Mr Keane (“the husband”) in proceedings before the primary judge. The husband sought to set aside a child support agreement entered into in March 2004 in respect of his children with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: CHILD SUPPORT REGISTRAR & RANERI [2014] FamCAFC 159
Case: [2014] FamCAFC 159
Decision Date

CaseChat Overview and Summary

The Child Support Registrar, represented by the Australian Government Solicitor, filed an application in an appeal seeking an order that the appeal brought by Mr Raneri, a solicitor who appeared in person, against orders of Watts J made on 10 May 2013, be dismissed. The Registrar contended that Mr Raneri had failed to comply with a procedural order made on 11 September 2013 requiring him to file and serve his summary of argument in the appeal on or before 28 February 2014. The Registrar further contended that there was no utility in the appeal. The legal issues before the court were whether the appeal should be dismissed for non-compliance with orders and whether there was any utility in the appeal proceeding. The court found that Mr Raneri had failed to comply with the orders of the Appeal Registrar and did not seek any extension of time to enable him to comply. The court concluded that there was no utility in the appeal proceeding and dismissed the appeal. The court also ordered that Mr Raneri pay the Registrar's costs of and incidental to the application.

The appeal against the orders of Watts J made on 10 May 2013 is dismissed. Mr Raneri is ordered to pay the Registrar's costs of and incidental to the application in an appeal filed on 28 March 2014.

Orders