Cog15 & Child Support Registrar

[2016] FamCAFC 272

FAMILY COURT OF AUSTRALIA

COG15 & CHILD SUPPORT REGISTRAR AND ANOR [2016] FamCAFC 272

FAMILY LAW – APPEAL – LEAVE TO APPEAL – CHILD SUPPORT – Where the appeal from the Social Security Appeals Tribunal to the Federal Circuit Court of Australia was filed before the commencement of the Tribunals Amalgamation Act 2015 (Cth) but heard and determined afterwards – Where ss 110B and 110F of the Child Support (Registration and Collection Act) 1988 (Cth) thus applied as though they were not repealed (s 7(2)(e) Acts Interpretation Act 1901 (Cth)) and the Family Court of Australia had jurisdiction to hear the appeal – Where the appellant’s claim that he was denied procedural fairness lacks substance – Where the appellant was afforded a reasonable opportunity to present his case – Where it was open to the trial judge to find that the appeal book provided by the first respondent comprised copies of all of the documents before the Social Security Appeals Tribunal – Where the trial judge addressed these documents at length and clarified with the appellant where they were referred to in the reasons for judgment of the Social Security Appeals Tribunal – Where the court is satisfied these documents were before the Social Security Appeals Tribunal – Where it was not established that the trial judge failed to have regard to these documents – Where a financial impact resulting from court orders does not by itself justify a grant of leave to appeal – Where the view expressed by one judge when hearing a security for costs application cannot bind another who subsequently hears and determines the appeal – Where the appellant’s claim of bias was not distinctly made and clearly proved – Where it is not open to the appellant to suggest that the trial judge determined the matter without having read the reasons for judgment of the Social Security Appeals Tribunal – Where the appellant’s complaints comprise bare assertions and are devoid of detail or substance – Where the grounds of appeal failed to demonstrate any error of law – Where there is no error of principle or substantial injustice – Application for leave to appeal dismissed.

FAMILY LAW – APPEAL – COSTS – Where the first respondent sought their costs in the event leave to appeal was not granted – Where the appellant was wholly unsuccessful – Where financial impecuniosity is not a bar to an order for costs where such order is otherwise justified – Costs ordered in favour of first respondent.

Acts Interpretation Act 1901 (Cth) – s 7(2)
Child Support (Assessment) Act 1989 (Cth) – ss 98B, Part 6A
Child Support (Registration and Collection) Act 1988 (Cth) – ss 4(1), 80, 89, 104, 106, 107, 107A, 110, 110B, 110F, Part VIIA
Family Law Act 1975 (Cth) – ss 4(1), s 117
Federal Circuit Court Act 1999 (Cth) – s 10(2)
Tribunals Amalgamation Act 2015…