FKGR v Administrative Appeals Tribunal
[2024] FedCFamC2G 815
•30 August 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
FKGR v Administrative Appeals Tribunal [2024] FedCFamC2G 815
File number(s): SYG 502 of 2024 Judgment of: JUDGE STREET Date of judgment: 30 August 2024 Catchwords: CHILD SUPPORT – Amended notice of appeal dismissed – unfounded allegations – proceedings are an abused of process and vexatious – not appropriate to transfer proceedings to the Federal Court of Australia – no jurisdiction under s 44AAA of the Administrative Appeals Tribunal Act 1975 (Cth) Legislation: Administrative Appeals Tribunal Act 1975 (Cth)
Federal Circuit and Family Court of Australia Act 2021 (Cth)
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)
Division: Division 2 General Federal Law Number of paragraphs: 8 Date of hearing: 30 August 2024 Place: Sydney Applicant: Appeared via video and audio-link First Respondent: No Appearance Solicitor for the Second Respondent: Mr A Taverniti of Sparke Helmore Lawyers ORDERS
SYG 502 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FKGR
Applicant
AND: ADMINISTRATIVE APPEALS TRIBUNAL
First Respondent
CHILD SUPPORT REGISTRAR
Second Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
30 AUGUST 2024
THE COURT ORDERS THAT:
1.The amended notice of appeal filed on 19 August 2024 is dismissed.
The form of the order is subject to the entry in the Court’s records.
The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
Section 110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in child support review proceedings
IT IS NOTED that publication of this judgment under a pseudonym is approved pursuant to s 110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE STREET
These are proceedings that were commenced by a Notice of Appeal on 22 March 2024 in which the applicant sought review under the Administrative Appeals Tribunal Act 1975 (Cth) (“the Act”) in respect of the decision of a Senior Member dated 21 February 2024, made in the General Division of the Administrative Appeals Tribunal (“the Tribunal”).
The jurisdiction of this Court is confined by the terms of s 44AAA of the Act, which requires the relevant subject matter for this Court's jurisdiction to involve a purported appeal from a child support first review as defined in s 3 of the Act. That section identifies that it is proceedings in the Social Services and Child Support Division.
It is apparent both from the heading of the decision of a Senior Member and also from paragraphs 9 and 10 of her reasons, that these proceedings are in the General Division and are not in the Social Services and Child Support Division. Accordingly, this Court, on its face, has no jurisdiction in respect of the subject matter for which the applicant seeks to appeal. The Court did identify that it has a discretionary power to potentially transfer these proceedings to the Federal Court of Australia under s 153 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and also under r 8.02 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), where there is an issue as to whether it has jurisdiction and has taken all of the factors into account under those provisions, including the interests of the administration of justice.
The nature of the Notice of Appeal, dated 22 March 2024, that was filed in the present case was the subject of observations made by this Court to the applicant on the first return date on 21 June 2024, identifying that any jurisdiction under the Act requires there to be a question of law, and that the Notice of Appeal failed to identify any question of law and that the content was scandalous. On 21 June 2024, the Court gave an opportunity for the applicant to file an Amended Notice of Appeal and the applicant has done so. It was also the case at that stage that the applicant had not joined the Child Support Registrar or the person affected by the outcome of the decision.
The Amended Notice of Appeal dated 19 August 2024, expanded the scandalous allegations, including inappropriate allegations against the Senior Member of the Tribunal, and made generalised assertions under a heading “Questions of Law” that does not permit the identification of any proper question of law.
While it is the case that this Court might have considered exercising its power of transfer to the Federal Court of Australia if it was apparent that there was a proper case raising a question of law by the applicant, in the circumstance of the present case it is apparent that the proceedings on their face are vexatious and an abuse of process. The allegations made by the applicant of criminal conduct, which the applicant sought to repeat in his oral submissions, are unfounded and baseless, and entirely inappropriate.
Court proceedings are not a forum for persons to advance unfounded allegations alleging criminal conduct. The vast range of material attached to the amended notice is incoherent and unintelligible. It would not be an appropriate exercise of this Court's powers or in the interests of the administration of justice to transfer proceedings to the Federal Court of Australia which on their face are an abuse of process, vexatious and scandalous. The Court accepts the submissions advanced by Mr Taverniti, on behalf of the second respondent, that this Court lacks jurisdiction under s 44AAA of the Act and that the appropriate order is to dismiss the Amended Notice of Appeal dated 19 August 2024. Mr Taverniti also sought no order as to costs.
It is for these reasons that the Court makes the above order.
I certify that the preceding eight (8) numbered paragraphs are a true copy of the Oral Published Reasons for Judgment of Judge Street. Associate:
Dated: 9 September 2024
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