FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CROWELL & BODREY (SSAT APPEAL) | [2012] FMCAfam 870 |
| CHILD SUPPORT – SSAT APPEAL – Second appeal from decision – consideration of grounds of appeal – whether error of law shown – constitution of Tribunal-appeal disallowed. |
| Child Support (Assessment) Act 1989 (Cth), ss.98S, 117 Child Support (Registration and Collection) Act 1988 (Cth), ss.110B, 110F Social Security (Administration) Act 1999 (Cth), cl.10 |
| Crowell & Bodrey (SSAT Appeal) [2011] FMCAfam 275 LDME v JMA (SSAT Appeal) (2007) FLC 98-034 Tasman & Tisdall [2008] FMCAfam 126 PJ & Child Support Registrar (2007) FLC 98-035 Byrne & Graham & Anor (SSAT Appeal) [2010] FMCAfam 1116 McCormack & McCormack & Anor (SSAT Appeal) [2011] FMCAfam 963 Manchester & Manchester and Ors (SSAT Appeal) [2011] FMCAfam 1215 Comcare v Broadhurst (2011) 192 FCR 497 Turner v Chaffey [2010] SSATACSA 12 Hattwheel v James [2010] SSATACSA 1 Hadley& Hadley [2008] FMCAfam 1252 Clauson & Clauson (1995) FLC 92-595 |
| Applicant: | MS CROWELL |
| Respondent: | MR BODREY |
| File Number: | HBC 919 of 2010 |
| Judgment of: | Baker FM |
| Hearing date: | 10 May 2012 |
| Date of Last Submission: | 10 May 2012 |
| Delivered at: | Hobart |
| Delivered on: | 21 September 2012 |
REPRESENTATION
| Counsel for the Applicant: | Ms Crowell in person |
| Counsel for the Respondent: | Mr Bodrey in person |
ORDERS
The Notice of Appeal (Child Support) filed 21 October 2011 be dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Crowell & Bodrey (SSAT Appeal) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT HOBART |
HBC 919 of 2010
| MS CROWELL |
Applicant
And
| MR BODREY |
Respondent
REASONS FOR JUDGMENT
Introduction
This is an appeal from a decision of the Social Security Appeals Tribunal (“the SSAT” or “the Tribunal”) delivered on 21 September 2011.
The applicant is Ms Crowell (“the mother”). The respondent is Mr Bodrey (“the father”). The appeal relates to the father’s child support liability in respect of the parties’ daughter, X born (omitted) 1999 (“X”).
This is the second appeal from a decision of the SSAT in this matter. The mother’s first appeal was a decision of Bender FM, published under the name of Crowell & Bodrey (SSAT Appeal).[1]
Both the mother and the father represented themselves at all stages of these proceedings.
The mother relied upon the following documents:
·Notice of Appeal (Child Support) filed 21 October 2011.
·Outline of Case field 10 April 2012.
·Affidavit filed 10 April 2012.
·Financial Statement filed 10 April 2012.
The father opposed the mother’s appeal, but did not make any substantive submissions or rely upon any documents.
Also before the Court was the Decision of the SSAT in respect of its decision made on 21 September 2011 (“the Reasons”). Additionally, the mother filed a copy of a transcript of the subject proceedings (“the Transcript”).
Background
Overview of the dispute between the parties
The parties separated in 1996. Since that time, X has lived with the mother and spent limited time with the father.
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- Case
- [2012] FMCAfam 870
- Decision Date
CaseChat Overview and Summary
The key legal issue before the court was whether the decision of the Principal Member to not reconstitute the SSAT was subject to appeal under section 110B of the Registration and Collection Act. The court also considered whether the failure to reconstitute the SSAT had impacted the fairness of the proceedings. The mother argued that the initial Tribunal's factual findings were required to be re-determined in the second hearing, but the court found that the factual findings were not overturned and did not need to be re-determined. The court found that the mother had not been denied procedural fairness by the SSAT not being reconstituted.
The court held that the decision of the Principal Member was not a decision of the SSAT and could not be reviewed under section 110B of the Registration and Collection Act. The court also found that the mother's argument that she was not given proper reasons for the decision not to reconstitute the SSAT was not established. The court found that the SSAT had provided adequate reasons for its decision by referring to the authority of Comcare v Broadhurst. The court found that the mother had not been denied procedural fairness by the SSAT not being reconstituted.
The court dismissed the Notice of Appeal filed on 21 October 2011. The court found that the appeal was not well-founded and that the decision of the SSAT should be upheld. The court found that the mother had not been denied procedural fairness and that the decision of the SSAT was correct.
Orders
Orders of the court
1.
The Notice of Appeal (Child Support) filed 21 October 2011 be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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