Child Support Registrar v MQMV

FEDERAL COURT OF AUSTRALIA

Child Support Registrar v MQMV [2019] FCA 1171

File number:

NSD 1769 of 2018

Judge:

FLICK J

Date of judgment:

31 July 2019

Catchwords:

CHILD SUPPORT – objection to percentage of care decision rejected – first review by Administrative Appeals Tribunal – second review sought – question as to absence of jurisdiction of Tribunal – Tribunal has jurisdiction

ADMINISTRATIVE LAW – jurisdiction of Administrative Appeals Tribunal   

Legislation:

A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) ss 3, 128

Administrative Appeals Tribunal Act 1975 (Cth) s 43

Child Support (Assessment) Act1989 (Cth) Pt 5, Div 4, Subdivs B, C, ss 5, 41, 43, 49, 50, 54F, 54H

Child Support (Registration and Collection) Act1988 (Cth) Pt VIIA, Divs 2, 4, ss 4, 87, 87A, 89, 96A, 103VA,

Tribunals Amalgamation Act2015 (Cth)

Explanatory Memorandum, Tribunals Amalgamation Bill 2014 (Cth) 

Cases cited:

Certain Lloyd’s Underwriters v Cross [2012] HCA 56, (2012) 248 CLR 378

Mitchell v Bailey [2008] FCA 426, (2008) 168 FCR 370

Re MQMV and Child Support Registrar (Child Support Second Review) [2018] AATA 2924

SAS Trustee Corporation v Miles [2018] HCA 55, (2018) 92 ALJR 1064

Date of hearing:

7 March 2019 and 3 April 2019

Registry:

New South Wales

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

Catchwords

Number of paragraphs:

60

Counsel for the Applicant:

Mr C J Tran

Solicitor for the Applicant:

Sparke Helmore

Counsel for the First Respondent:

The First Respondent did not appear

Counsel for the Second Respondent:

The Second Respondent filed a submitting notice save as to costs

Counsel for the Third Respondent:

The Third Respondent did not appear

Counsel Appearing as Amicus Curiae:

Ms Z Heger

ORDERS

NSD 1769 of 2018

BETWEEN:

CHILD SUPPORT REGISTRAR

Applicant

AND:

MQMV

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

FUE18

Third Respondent

JUDGE:	FLICK J
DATE OF ORDER:	31 JULY 2019

THE COURT ORDERS THAT:

1.The Originating Application is dismissed.

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

REASONS FOR JUDGMENT

FLICK J:

1. The issue to be resolved in the present proceeding is a question as to the jurisdiction of the Administrative Appeals Tribunal (the “Tribunal”) with respect to a decision taken under the Child Support (Registration and Collection) Act1988 (Cth) (the “Registration Act”).  The decision concerned the percentage of care exercised with respect to a child by his father.

2. In August 2018, in Re MQMV and Child Support Registrar (Child Support Second Review) [2018] AATA 2924 the Tribunal concluded that it did have jurisdiction to review a decision previously made by the Social Services & Child Support Division of the Tribunal in November 2017. In doing so, the Tribunal in August 2018 “overruled” the Child Support Registrar’s (the “Registrar”) objection to jurisdiction.

3. In September 2018, the Registrar filed in this Court an Originating Application.  In summary form, the Registrar contends that the Tribunal…