Crabbe and Crabbe (SSAT Appeal)

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CRABBE & CRABBE (SSAT APPEAL) [2011] FMCAfam 24

CHILD SUPPORT – Appeal from decision of SSAT – consideration of whether one or more errors of law – failure of Tribunal to distinguish separate legal entities – imposition of suspicions as facts – findings without evidence as to interest in ‘business’ – findings without evidence as to income – fundamental errors in assessment of income – matter remitted to Tribunal for rehearing.

Child Support (Registration and Collection) Act 1988, ss.103S, 103X(3)(b), 110B & 110F
Child Support (Assessment) Act 1989, ss.98B(1), 117(5)
Property Law Act 1974 (Qld), ss.117(4)(b), 117(4)(g)(ii)(a), 272

Agrippa & Horton (SSAT Appeal) [2010] FMCAfam 1144
Farrens & Farrens (2010) FMCAfam 325
Tasman & Tisdall (2008) FMCAfam 126
Damjanovic v Sharpe Hume & Co (2001) NSWCA 407
Collector of Customs v Possolanic Enterprises Pty Ltd (1993) 43 FCR 280 Minister for Immigration and Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259
PJ & Child Support Registrar [2007] FMCAfam 829

Applicant: MR CRABBE

Respondent: MS CRABBE

File Number: BRC 10444 of 2009

Judgment of: Coker FM

Hearing date: 30 September 2010

Date of Last Submission: 30 September 2010

Delivered at: Townsville

Delivered on: 14 January 2011

REPRESENTATION

Counsel for the Applicant: Mr Paratz

Solicitors for the Applicant: Doyle Keyworth & Harris

Respondent: Self-represented

ORDERS

1. That the Appellant’s appeal against the decision of the Social Security Appeals Tribunal dated 19 April 2010 be upheld.

2. That the decision of the Social Security Appeals Tribunal dated 19 April 2010 be set aside.

3. That the matter be remitted to the Social Security Appeals Tribunal for re-hearing according to law.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT TOWNSVILLE

BRC 10444 of 2009

MR CRABBE

Applicant

And

MS CRABBE

Respondent

REASONS FOR JUDGMENT

1. This is an appeal from a decision of the Social Security Appeals Tribunal dated 19 April 2010.  The date of despatch is 21 April 2010, and the Notice of Appeal was filed in the Brisbane Registry of the Court on 20 May 2010.  There is no issue raised in relation to the timeliness of the filing of the appeal.

2. The appeal details nine separate grounds of appeal in relation to the basis upon which it is submitted that the Social Security Appeals Tribunal has erred in the making of the orders that were made.  All of the grounds contained within the Notice of Appeal were relied upon.  However, there appears to be, on the face of it, perhaps different weight that would be given to the various grounds that were sought to be relied upon.

3. The respondent to the application, Ms Crabbe, was not represented at the hearing.  The position taken by the respondent was simply to suggest that the appeal should be dismissed.

4. The parties to the proceedings have three children, who were, at least at some…