Dawson v Dawson & Anor

[2018] FCCA 896

FEDERAL CIRCUIT COURT OF AUSTRALIA

DAWSON v DAWSON & ANOR [2018] FCCA 896

Catchwords:
CHILD SUPPORT – Review of a decision of the Administrative Appeals Tribunal – where Applicant seeks impermissible merits review – no jurisdictional error – application dismissed.

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth), ss.37, 44, 44AAA

Child Support (Assessment) Act 1989 (Cth), ss.98C, 98S, 117

Cases cited:

Morton & Morton & Anor (SSAT Appeal) [2014] FCCA 1737

Phelps & Child Support Registrar & Anor (SSAT Appeal) [2015] FCCA 159

Applicant: MR DAWSON

First Respondent: MS DAWSON

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: MLG 1500 of 2017

Judgment of: Judge Hartnett

Hearing date: 27 March 2018

Delivered at: Albury

Delivered on: 13 April 2018

REPRESENTATION

The Applicant: In Person

The First Respondent: No Appearance

Counsel for the Second Respondent: Ms Whittemore

Solicitors for the Second Respondent: Sparke Helmore Lawyers

ORDERS

1. The Notice of Appeal (Child Support) is dismissed.

2. The Applicant pay the Second Respondent’s costs fixed in the sum of $7066.

IT IS NOTED that publication of this judgment under the pseudonym Dawson v Dawson & Anor is approved pursuant to s.110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth). 

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 1500 of 2017

MR DAWSON

Applicant

And

MS DAWSON

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

1. These proceedings commenced by a Notice of Appeal (Child Support) application filed by the Applicant on 21 July 2017. The Applicant subsequently filed an Amended Notice of Appeal (Child Support) on 24 August 2017 on which he proceeded.

2. The Applicant appeals from a decision of the Administrative Appeals Tribunal - Social Services and Child Support (‘the Tribunal decision’) given on 14 June 2017. 

3. The Applicant seeks the following orders:-

   “1. An order that the appeal be allowed.

   2. An order setting aside AAT’s decision made on 14 June 2017 and varied as follows:

   a) Correct amount of child support to be recalculated for the period 6^th July 2016 - 17 March 2017.

   b) Correct of child support be calculated for the period after 17^th March 2017.”

4. The decision of the Tribunal was posted to the Applicant on 26 June 2017 and the appeal was filed within time being 21 July 2017.  This Court’s jurisdiction is only enlivened by a question of law properly raised on appeal.[1]

   [1] Administrative Appeals Tribunal Act 1975 (Cth) s 44AAA.

5. The Amended Notice of Appeal (Child Support) is annexed to these reasons (‘Annexure A’). It sets out “Question of law”, which includes allegations of bias and procedural unfairness together with claimed errors of law. Under the “Grounds of Appeal” heading the Applicant takes issue with factual findings made by the Tribunal; again alleges bias in the Tribunal decision; and makes complaint about the processes of the Tribunal including procedural unfairness.

6. As to the orders sought, orders 2(a) and (b) invite the Court to recalculate the amount of child support payable by the Applicant for the period covered by the…