FEDERAL MAGISTRATES COURT OF AUSTRALIA
| EAGLE & EAGLE and ANOR (SSAT APPEAL) | [2012] FMCAfam 463 |
| CHILD SUPPORT – Appeal – errors of law alleged – no errors found. |
| Child Support (Assessment) Act 1989, ss.80, 117 Child Support (Regulation & Collection) Act 1988, ss.103X, 110B, 110F |
| Associated Provincial Picture Houses v Wendesbury Corporation [1947] 1KB 223 Hartnett v Migration Agents Registration Authority [2004] FCA 50 Australia Securities and Investments Commission v Saxvy Bridge Financial Planning Pty Ltd (2003) 47 ACSR 649 Hill v Repatriation Commission (2005) 85 ALD 1 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 |
| Applicant: | MR EAGLE |
| First Respondent: | MS EAGLE |
| Second Respondent: | CHILD SUPPORT REGISTRAR |
| File Number: | BRC 1492 of 2009 |
| Judgment of: | Coates FM |
| Hearing date: | 16 December 2011 |
| Date of Last Submission: | 24 January 2012 |
| Delivered at: | Brisbane |
| Delivered on: | 28 May 2012 |
REPRESENTATION
| Solicitors for the Applicant: | Self represented |
| Solicitors for the First Respondent: | Self represented |
| Solicitors for the Second Respondent: | Child Support Registrar |
ORDERS
That the Notice of Appeal (Child Support) filed 14 November 2011 be dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Eagle & Eagle is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE |
BRC 1492 of 2009
| MR EAGLE |
Applicant
And
| MS EAGLE |
First Respondent
| CHILD SUPPORT REGISTRAR |
Second Respondent
REASONS FOR JUDGMENT
This is an appeal against a decision of the Social Securities Appeal Tribunal (the Tribunal).
Section 110B of the Child Support (Regulation & Collection) Act 1988 (the Act) states the only ground of an appeal is upon a question of law.
The appellant set out the following as his grounds of appeal:
“1. The decision of the Tribunal was unreasonable, as no tribunal could have reasonably reached the decision made, having properly considered the available evidence.
2. The decision of the Tribunal is based upon findings for which there was no evidence.
3. The decision of the Tribunal fails to give a proper consideration and weigh to evidence available to it.
4. The Tribunal failed in its duty to conduct proceedings in accordance with procedural fairness.
5. The Tribunal acted in a manner which gave rise to a bias – perceived and actual.
6. The decision of the Tribunal is not just and equitable as between the Appellant and the respondent.”
Further, the appellant sought five orders, being:
“1. The decision of the Tribunal for the appellant to pay half of the annual private school fees for children; X and Y be stayed until further order of the court.
2. The decision of the Tribunal for the appellant to pay half of the annual private school fees for children; X, Z and Y be set aside.
3. Monies paid to the Respondent pursuant to Child Support Agency assessment and decision of the Tribunal, be refunded to the Applicant or in the alternative Credit against future child support…
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- Case
- [2012] FMCAfam 463
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1.
That the Notice of Appeal (Child Support) filed 14 November 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
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Ratio Decidendi
Legal Principle Established
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