Cromer v Caswell

Cromer v Caswell concerned an application for judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The dispute arose from applications by both parties to depart from child support orders previously agreed upon in 2012. The AAT had decided to depart from these orders and increase the amount of child support payable by the applicant.

The central legal issue before the court was whether the AAT had committed a jurisdictional error. Specifically, the applicant argued that the AAT failed to adequately consider an annotation to the 2012 order. This annotation, the applicant contended, prevented departure applications from being brought, and its omission from adequate consideration by the AAT constituted a jurisdictional error.

Judge Brown found that no jurisdictional error had been established. The court reasoned that the AAT had indeed considered the relevant material, including the annotation, and its decision to depart from the 2012 orders was within its powers. The applicant's contention that the AAT failed to adequately consider the annotation was not substantiated to the level required to demonstrate a jurisdictional error.

Consequently, the amended notice of appeal was dismissed. The applicant was also ordered to pay costs to each of the respondents in the sum of $3,500.00.