Cog15 & Child Support Registrar

Case [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ss 110B and 110F of the Child Support (Registration and Collection Act) 1988 (Cth) thus applied as though they were not repealed (s 7(2)(e) Acts Interpretation Act 1901 (Cth)) and the Family Court of Australia had jurisdiction to hear the appeal – Where the appellant’s claim that he was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…

Continue reading Cog15 & Child Support Registrar

Sign in free to access the full text

Details
AGLC
Cog15 & Child Support Registrar [2016] FamCAFC 272
Case
[2016] FamCAFC 272
Decision Date

CaseChat Overview and Summary

The matter before the Federal Circuit Court of Australia involved an appeal from the Social Security Appeals Tribunal concerning child support matters. The appellant, who filed the appeal before the commencement of the Tribunals Amalgamation Act 2015, argued that he was denied procedural fairness and that the trial judge was biased. The first respondent, the Child Support Registrar, sought costs in the event that leave to appeal was not granted.

The court examined whether the Family Court of Australia had jurisdiction to hear the appeal under the Child Support (Registration and Collection Act) 1988 and the Acts Interpretation Act 1901. It also considered the appellant's claims of procedural unfairness and bias. The court found that the appellant was given a reasonable opportunity to present his case and that the trial judge adequately addressed the documents before the Social Security Appeals Tribunal. The court held that the appellant's claims of bias were not distinctly made and clearly proved, and that his complaints were devoid of detail or substance. The court further determined that the grounds of appeal failed to demonstrate any error of law or principle, or substantial injustice.

The application for leave to appeal was dismissed. The appellant was ordered to pay the costs of the first respondent of and incidental to the application for leave to appeal, such costs to be assessed in default of agreement. The form of the order is subject to the entry of the order in the Court’s records.

Orders

Orders of the court

1.

The application for leave to appeal be dismissed.

2.

The appellant pay the costs of the first respondent of and incidental to the application for leave to appeal such costs to be assessed in default of agreement.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.