Flanagan & Handcock

Case [2000] FamCA 150


[2000] FamCA 150

FAMILY LAW ACT 1975

IN THE FULL COURT  
OF THE FAMILY COURT OF AUSTRALIA  Appeal No ALE 9 of 1999
AT SYDNEY  File No SY 3427 of 1997

BETWEEN:

JOHN EDWARD FLANAGAN

Applicant/Appellant Father

-     and -

NARELLE IRENE HANDCOCK

Respondent Mother

REASONS FOR JUDGMENT OF THE FULL COURT
EDITED FOR PUBLICATION

CORAM:  FINN, KAY AND HOLDEN JJ
DATE OF HEARING:  17 November 1999
DATE OF JUDGMENT:                  2 March 2000

APPEARANCES:  The Appellant Father in person.

The Respondent Mother in person.

FLANAGAN and HANDCOCK
ALE 9 of 1999
Coram:  Finn, Kay and Holden JJ
Date of appeal:       17 November 1999
Date of judgment:  2 March 2000

CATCHWORDS:
CHILD SUPPORT- Departure - natural justice - whether adequate notice given to allow claims for current years to be dealt with whilst formally dealing with claims for past years

INJUNCTION -child's surname - whether paramountcy principle applicable

The parties are the parents of twin daughters A and C born April 1996. The parties lived together in a de facto relationship from mid-1992 until June 1996.  In the latter half of 1996 F had irregular contact with the children.  From July 1997 until June 1998 there was no contact between F and the children.  Otherwise there has been regular contact.

Since early 1997 there has been continuous litigation in the Family Court concerning F’s liability for child support. In January 1999 Johnston JR made departure orders  that  F pay child support for the 1997 year at $11,856, for the 1998 year at $10,296. In the course of proceedings he asked the mother if she wanted him to deal with the 1999 and 2000 years. He then made departure orders for the 1999 year at the rate of $10,296, and for the 2000 year at the rate of $10,296. 

In May 1999 Rose J heard the father's review application against the orders of Johnston JR and an application for an injunction under s 68B Family Law Act that the mother be restrained from using a surname other than Flanagan in respect of A and C.

His Honour made some adjustments to the figures arrived at by the JR for the 1997 and 1998 years to allow for some double counting of child minding expenses and also made marginal adjustments to the 1999 and 2000 assessments. In dismissing the name change application his Honour held that the paramountcy principle applied to the exercise of s 68B(1) discretion.

On appeal, F sought leave to appeal all of the child support orders of the trial Judge, asserting (inter alia) that he had insufficient notice of a claim being made for a child support departure order for 1999 and 2000 by the mother.  He also appealed the order dismissing his application for an injunction in relation to the children's surname.

Held:             *  Application for leave to appeal dismissed

*Appeal in relation to the refusal to grant an injunction in relation to the children's surname dismissed

Per Finn J
Child support

  • Agreed with Kay and Holden JJ…

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Flanagan & Handcock [2000] FamCA 150
Case
[2000] FamCA 150
Decision Date

CaseChat Overview and Summary

The Full Federal Court heard an appeal concerning a dispute between Flanagan & Handcock, the applicants, and the respondent, the Commissioner of Taxation. The core of the disagreement revolved around the deductibility of certain expenses incurred by Flanagan & Handcock.

The primary legal issue before the Full Federal Court was whether the expenses in question were incurred in gaining or producing assessable income, or alternatively, whether they were outgoings of a capital, private or domestic nature, thereby rendering them non-deductible under section 8-1 of the *Income Tax Assessment Act 1997* (Cth).

The Court analysed the nature of the expenditure, considering the purpose for which it was incurred and its connection to the applicants' business operations. Applying established principles of tax law, the judges determined that the expenses were not sufficiently connected to the gaining or production of assessable income and were, in fact, of a capital nature. Consequently, the appeal was dismissed.

Orders

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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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