Child Support Registrar v CMU23

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FEDERAL COURT OF AUSTRALIA

Child Support Registrar v CMU23 [2024] FCA 109  

Appeal from: Oldfather and Fountaine (Child Support) [2023] AATA 3301
File number: QUD 462 of 2023
Judgment of: LOGAN J
Date of judgment: 1 February 2024
Catchwords:

FAMILY LAW AND CHILD WELFARE – where the applicant appealed against a decision of the Administrative Appeals Tribunal (Tribunal) which affirmed a decision of the Child Support Registrar (Registrar) for an alleged error of law – where s 53 of the Child Support (Assessment) Act 1989 (Cth) (Assessment Act) provides exceptions to the operation of s 51 of the Assessment Act – where second respondent notified the Registrar of a change in percentage of care – where decision of Registrar reviewed by the Tribunal – where Tribunal determined that the s 53 exceptions did not have any operation by reading words into the Assessment Act – whether the Tribunal made an error of law – appeal allowed

STATUTORY INTERPRETATION – where s 53(1)(c) of the Assessment Act contains an exception to the operation of s 51 of the Assessment Act – where the s 53(1)(c) exception makes no reference to ‘maximum interim period’, unlike the exceptions contained in s 53(1)(a) and s 53(1)(b) – whether and to what extent it is permissible, in undertaking statutory interpretation, to read words into a statutory provision – where there were multiple different interpretations adopted in different decisions of the Tribunal – where it is impossible to identify the potential words to be read in with the requisite precision

Legislation:

Constitution

Acts Interpretation Act 1901 (Cth) s 15AA

Child Support (Assessment) Act 1989 (Cth) ss 3, 4, 15AA, 35A, 48, 51, 53, 53A, 53C, 55C, 150

Matrimonial Causes Act 1959 (Cth) s 84

Cases cited:

Castle and Jonas (Child support) [2022] AATA 1702

Cooper Brookes (Wollongong) v Commissioner of Taxation (1981) 147 CLR 297

Gauntlett v Repatriation Commission (1991) 32 FCR 73

Inco Europe Limited v First Choice Distribution [2000] 1 WLR 586

Jones v Wrotham Park Settled Estates [1980] AC 74

Mendez and Morton (Child support) [2019] AATA 3844

Ralph v Repatriation Commission (2016) 248 FCR 438

Taylor v The Owners – Strata Plan No 11564 (2014) 253 CLR 531

Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 51
Date of hearing: 1 February 2024
Counsel for the Applicant: Mr S McLeod KC with Mr M Maynard
Solicitor for the Applicant: Sparke Helmore
Counsel for the Respondents: The Respondents did not appear

ORDERS

QUD 462 of 2023
BETWEEN:

CHILD SUPPORT REGISTRAR

Applicant

AND:

CMU23

First Respondent

CMV23

Second Respondent

ORDER MADE BY:

LOGAN J

DATE OF ORDER:

1 FEBRUARY 2024

THE COURT ORDERS THAT:

1.The terms of order 2 of the orders of 21 November 2023 be extended to any affidavit filed in these proceedings, having regard to s 150 of the Child Support (Assessment) Act 1989 (Cth).

2.The appeal be allowed.

3.The decision of the Administrative Appeals Tribunal (Tribunal) of 14 September 2023…

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Details
Case
[2024] FCA 109
Decision Date

CaseChat Overview and Summary

In the Federal Court, the Child Support Registrar sought to appeal a decision of the Administrative Appeals Tribunal which upheld a decision of the Registrar itself. The matter concerned an application for child support, where the Registrar had determined that certain exceptions under s 53 of the Child Support (Assessment) Act 1989 (Cth) did not apply. The second respondent had notified the Registrar of a change in the percentage of care, but the Tribunal concluded that the exceptions in s 53 did not operate as intended by the Registrar. The Registrar contended that the Tribunal had erred in law in its interpretation of the Act.

The primary issue for the court was whether the Tribunal had erred in its interpretation of s 53 of the Assessment Act. Specifically, the court needed to determine whether the Tribunal had the authority to read words into the statutory provision, which would alter the meaning of the exceptions contained in s 53. The Registrar argued that the Tribunal had incorrectly applied the exceptions in s 53 by reading into the Act words that were not present in the statute. The court also considered whether the Tribunal's varying interpretations of s 53, as evidenced in different decisions, could be reconciled.

The court held that the Tribunal had indeed erred in law by reading words into s 53 of the Assessment Act. The court found that the Tribunal's interpretation of the statutory exceptions was inconsistent and lacked the requisite precision to justify such an alteration. The court emphasised that statutory interpretation should not involve the insertion of words not found in the statute unless there is a clear and unambiguous indication that such an insertion is necessary to give effect to the statute's purpose. The court also noted that the Tribunal's varying interpretations of the statute created an element of uncertainty that was not warranted by the text of the Act.

The court allowed the appeal, set aside the decision of the Administrative Appeals Tribunal, and remitted the matter back to the Tribunal for reconsideration in accordance with law. The court further ordered that any affidavit filed in these proceedings be subject to a direction under s 150 of the Assessment Act. No order was made as to costs.

Orders

Orders of the court

1. The terms of order 2 of the orders of 21 November 2023 be extended to any affidavit filed in these proceedings, having regard to s 150 of the Child Support (Assessment) Act 1989 (Cth).

2. The appeal be allowed.

3. The decision of the Administrative Appeals Tribunal (Tribunal) of 14 September 2023 be set aside and the matter remitted to the Tribunal for review decision according to law.

4. There be no order as to costs.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

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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