Farthing and Robinson and Anor

[2016] FCCA 2851

FEDERAL CIRCUIT COURT OF AUSTRALIA

FARTHING & ROBINSON & ANOR [2016] FCCA 2851

Catchwords:
CHILD SUPPORT – Appeal from a decision of the Social Security Administrative Tribunal – Appellant alleges Tribunal erred in its determination that the child was being educated in the manner that was expected by her parents (section 117(2)(b)(ii) of the Child Support (Assessment) Act 1989) – Appeal dismissed.

Legislation:

Child Support (Assessment) Act 1989, ss.98S(1)(a),(c), 141(1)(h), 98C(1)(b)(ii)(A), 143, 117(2)(b)(ii), 117(2)(b)(ia)

Child Support (Registration & Collection) Act 1988, s.110B
Federal Circuit Court Rules 2001 (Cth) r.21.02

Cases cited:

Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR
Wild & Ballard (1997) FLC 92-771
LDME & JMA (SSAT Appeal) [2007] FMCAfam 712
Tasman & Tisdal (SSAT Appeal) [2010] FMCAFam 425
Mabry & Mabry & Anor (SSAT Appeal) [2010] FMCAfam 388

Beklar & Beklar [2013] FamCA 327

Appellant: MR FARTHING

First Respondent:	MS ROBINSON
Second Respondent:	CHILD SUPPORT REGISTRAR

File Number: MLC 8085 of 2010

Judgment of: Judge Bender

Hearing date: 12 August 2016

Date of Last Submission: 12 August 2016

Delivered at: Melbourne

Delivered on: 8 November 2016

REPRESENTATION

Counsel for the Appellant: Mr Smith

Solicitors for the Appellant: Gold Stone Family Lawyers

Counsel for the Respondent: Self-Represented

Solicitors for the Respondent:	Not Applicable
Counsel for the Second Respondent:	Mr Tran

Solicitors for the Respondent: Mills Oakley Lawyers

ORDERS

1. The Amended Notice of Appeal (Child Support) filed 4 November 2015 be dismissed.

2. In the event the Second Respondent seeks an order that the Appellant pay its costs, by 4:00pm on 6 December 2016 the Second Respondent provide to the Court and the Appellant’s solicitors written submissions and a supporting affidavit on the question of costs.

3. Within fourteen days of receipt of the Second Respondent’s submissions on the question of costs, the Appellant provide to the Court and the Second Respondent’s solicitors answering submissions on the question of costs.

IT IS NOTED that publication of this judgment under the pseudonym Farthing & Robinson & 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

MLC 8085 of 2010

MR FARTHING

Appellant

And

MS ROBINSON

First Respondent

And

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Appeal

1. This is an appeal from a decision of the Social Security Appeals Tribunal (“the Tribunal”) made 15 May 2015 and dispatched 26 May 2015.

2. The Tribunal set aside the decision under review and substituted a decision that:

   ·For the period 1 January 2015 to 31 December 2015, the annual rate payable by Mr Farthing is increased by $6,447.

   ·For the period 1 January 2016 to 31 December 2016, the annual rate payable by Mr Farthing is increased by $6,769.

   ·For the period 1 January 2017 to 31 December 2017, the annual rate payable by Mr Farthing is increased by $7,108.

3. The Appellant filed a Notice of Appeal on 19 June 2015. In the Notice of Appeal the Appellant sought the following orders:

   1.That all arrears of child…