Dalton and Munro and Anor - [2015] FCCA 2945

FEDERAL CIRCUIT COURT OF AUSTRALIA

DALTON & MUNRO & ANOR

[2015] FCCA 2945

Catchwords:
CHILD SUPPORT – Child support assessment – application for amendment of administrative assessment – where Applicant did not lodge income tax returns for the 2011, 2012 and 2013 financial years until 2014 – where deemed income used for purposes of child support assessment.

Legislation:

Child Support (Assessment) Act 1989 (Cth), ss.58, 58A, 111, 112, 116, 118

Family Law Act 1975 (Cth), s.117
Income Tax Assessment Act 1936 (Cth), Part IV

Children and Young Persons (Care and Protection) Act 1998 (NSW), s.49

Cases cited:
Bagala & Bagala (2009) FLC 98-043; [2009] FMCAfam 953
Bauer & Becker (2009) FLC 98-042; [2009] FMCAfam 480
Cantrell & Jennings [2009] FMCAfam 229
Child Support Registrar & Rawlings [2013] FCCA 370
Gilmour & Gilmour (1994) 18 Fam LR 646; (1995) FLC 92-591
Hacherl & Berrios [2010] FMCAfam 668
Whitford & Whitford (1979) 4 Fam LR 754; FLC 90-612

Applicant:

MR DALTON

First Respondent:

MS MUNRO

Second Respondent:

CHILD SUPPORT REGISTRAR

File Number:

SYC 3682 of 2013

Judgment of:

Judge Scarlett

Hearing date:

11 November 2014

Date of Last Submission:

11 November 2014

Delivered at:

Sydney

Delivered on:

24 June 2015

REPRESENTATION

Counsel for the Applicant:

Ms Gibbons

Solicitors for the Applicant:

Hunter Family Law Centre Pty Ltd

Counsel for the First Respondent:

Ms Barnett

Solicitors for the First Respondent:

Powe & White Family Lawyers

Solicitor for the Second Respondent:

Ms Taah

Solicitors for the Second Respondent:

Australian Government Solicitor

ORDERS

The Further Amended Application filed on 20 October 2014 is dismissed.
Written submissions in support of any application for costs and any affidavits setting out the way in which the costs sought are quantified are to be filed and served within 28 days of the date of these Orders.
Any written submissions in opposition to any application for costs are to be filed and served within a further period of 14 days.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 3682 of 2013

MR DALTON

Applicant

And

MR MUNRO

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Application

This is an Application for departure from administrative assessment of child support, including an application to amend the administrative assessment of child support.
The Application is opposed by the First Respondent, the payee, and the Second Respondent, the Child Support Registrar.

Orders Sought

The Applicant originally filed an Application on 14 April 2014. The First Respondent filed her Response on 5 August 2014, seeking dismissal of the Application for both Interim and Final Orders.
The Applicant then filed an Amended Application on 13 August 2014. The First Respondent maintained her earlier Response.
The Applicant filed a Further Amended Initiating Application on 20 October 2014. It is this Application, somewhat amended, which proceeded to a hearing on 11 November 2014.
The Applicant seeks the following…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Dalton and Munro and Anor

Details

AGLC: Dalton and Munro and Anor [2015] FCCA 2945
Case: [2015] FCCA 2945
Decision Date: 24 June 2015

CaseChat Overview and Summary

In the matter of Dalton and Munro and Anor, Judge Scarlett of the Federal Court of Australia considered an application brought by the applicants. The precise nature of the dispute is not detailed in the provided text, but it involved an application that was ultimately dismissed.

The primary legal issue before the Court was whether the Further Amended Application filed on 20 October 2014 should be granted. The Court was required to determine the merits of this application and, consequently, the appropriate orders to make.

Judge Scarlett dismissed the Further Amended Application. Following this determination, the Court made orders regarding the process for any subsequent applications for costs, setting timelines for the filing and service of supporting submissions and affidavits, as well as any opposing submissions.

Orders

Orders of the court

The Further Amended Application filed on 20 October 2014 is dismissed.

Written submissions in support of any application for costs and any affidavits setting out the way in which the costs sought are quantified are to be filed and served within 28 days of the date of these Orders.

Any written submissions in opposition to any application for costs are to be filed and served within a further period of 14 days.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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