Dalgetty v Dodd

The applicant, Dalgetty, sought to appeal a decision of the Child Support Assessment Tribunal concerning child support payments. The dispute centred on the first respondent's (Dodd) decision to cease full-time employment as a healthcare worker. The appeal was heard by Judge Jarrett.

The primary legal issues before the court were whether the Tribunal had erred at law by failing to apply or properly apply section 117(7B)(c) of the Child Support (Assessment) Act 1988 (Cth) in relation to the earning capacity of the first respondent. Specifically, the applicant argued that the Tribunal made a finding of fact without sufficient supporting evidence, concerning whether the first respondent's decision to stop working full-time was primarily motivated by a desire to affect his child support assessment.

Judge Jarrett dismissed the appeal, finding that the applicant had not demonstrated an error of law. The court applied the principle that to succeed on a "no evidence" ground, the applicant must show there was no evidence at all upon which the Tribunal's finding could be based, citing *Australian Broadcasting Tribunal v Bond*. In this instance, the Tribunal had evidence from the first respondent, supported by his resignation letter, stating his concern for community safety as the reason for his resignation. The court held that it was open to the Tribunal to accept this evidence and weigh it accordingly, and that the existence of contrary evidence did not invalidate the Tribunal's factual determination. The court found that the Tribunal had properly considered the evidence before it in reaching its decision.

Consequently, the Notice of Appeal (Child Support) filed on 22 August 2019 was dismissed. The applicant was also ordered to pay the second respondent's costs of and incidental to the appeal, fixed at $7,200.