Colbert and Colbert and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

COLBERT & COLBERT & ANOR [2016] FCCA 3236

Catchwords:
CHILD SUPPORT – Appeal (Child Support) from the AAT – procedural fairness grounds dismissed – failure to take into account relevant consideration ground dismissed.

Legislation:

Administrative Appeals Tribunal Act 1975, p. IV, s.44AAA

Child Support (Assessment) Act 1989, p. 6A., ss.117(2)(b)(ib), 117(2)(b)(ii), 117(2)(c)(ia)

Child Support (Registration and Collection) Act 1988, p.VIIA

Cases cited:

Abebe v The Commonwealth [1999] HCA 14

Carlson & Acuff & Anor (SSAT Appeal) [2010] FMCAfam 677

Child Support Registrar & Crabbe and Anor [2014] FamCAFC 10

Child Support Registrar & Crowley and Anor [2015] FamCAFC 76

Child Support Registrar & Scullin and Anor (SSAT Appeal) [2015] FamCAFC 200

Haritos v Commission of Taxation [2015] FCAFC

Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40
Minister for Immigration & Citizenship v SZGUR [2011] HCA 1
SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs[2006] HCA 63

Applicant: MR COLBERT

First Respondent: MS COLBERT

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: BRG 587 of 2016

Judgment of: Judge Cassidy

Hearing date: 7 October 2016

Date of Last Submission: 7 October 2016

Delivered at: Brisbane

Delivered on: 15 December 2016

REPRESENTATION

The Applicant appeared in person

The First Respondent appeared in person by telephone

Solicitors for the Second Respondent: Mr C Bishop of Department of Human Services

ORDERS

1. That the Amended Notice of Appeal (Child Support) filed on 13 September 2016 be dismissed.

2. That there be no order as to costs.

IT IS NOTED that publication of this judgment under the pseudonym Colbert & Colbert & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 587 of 2016

MR COLBERT

Applicant

And

MS COLBERT

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application filed on 13 September 2016 by Mr Colbert and it is a Notice of Appeal (Child Support). The appeal seeks to review a decision of the Administrative Appeals Tribunal (‘the AAT’) dated 22 April 2016.

2. The appeal must be brought on a question of law pursuant to s.44AAA of the Administrative Appeals Tribunal Act 1975 (‘the AAT Act’).

3. The AAT decision under review decided to set the applicant’s adjusted taxable income at $78,000 for the period of 23 April 2014 to 30 June 2016. In addition, the AAT increased the annual rate of child support by $978 for the period of 1 January 2015 to 31 December 2015.

4. The applicant sets out three questions of law and provides five grounds of appeal in the Notice of Appeal that he filed on 13 September 2016.

The Material

1. The material relied on by the applicant:

   a)The Notice of Appeal filed on 13 September 2016 (‘the Amended Notice of Appeal);

   b)The applicant’s Affidavit filed on 13 September 2016; and

   c)With leave, parts of an Affidavit filed by the applicant on 29 June 2016 ruled admissible at the hearing.

2. The Child…