Hellier & Josey & Anor (SSAT Appeal) - [2015] FCCA 2107

FEDERAL CIRCUIT COURT OF AUSTRALIA

HELLIER & JOSEY & ANOR (SSAT APPEAL)

[2015] FCCA 2107

Catchwords:
CHILD SUPPORT – SSAT Appeal – appellant appealing from a decision of Social Security Appeals Tribunal – whether the appellant was denied procedural fairness or natural justice – whether the Social Security Appeals Tribunal is obliged to conduct an investigation or inquiry into parties’ financial circumstances for the purpose of determining an application for review – whether the Social Security Appeals Tribunal is obliged to draw an adverse inference on the basis of a failure to file documentation – APPEAL DISMISSED.

CHILD SUPPORT – SSAT Appeal – first respondent seeking leave to appeal from a decision of Social Security Appeals Tribunal – whether the first respondent should be granted leave to appeal out of time – consideration of factors relevant to determining whether an extension of time for filing an appeal from the Social Security Appeals Tribunal shall be granted – LEAVE REFUSED.

Legislation:

Child Support (Registration and Collection) Act 1988, ss.103N, 103T(1), 110C(1)

Child Support (Assessment) Act 1989, s.98H(1)

Federal Circuit Court Rules 2001, rr.3.05, 25A.06(2)

Gallo v Dawson (1990) 64 ALJR 458
Clivery & Conway [2007] FamCA 1435
Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123
Bagley & Bagley (SSAT Appeal) [2010] FMCAfam 215
Trejo & Walker & Anor (SSAT Appeal) [2010] FMCAfam 1393
Rafter & Rafter [2011] FamCAFC 46
Tan & Tan (SSAT Appeal) and Tan & Child Support Registrar & Anor [2013] FCCA 123
Victor & Duncan & Anor (SSAT Appeal) [2015] FCCA 1073

Appellant:

MR HELLIER

First Respondent:

MS JOSEY

Second Respondent:

CHILD SUPPORT REGISTRAR

File Number:

MLC 9586 of 2014

Judgment of:

Judge Bender

Hearing date:

22 May 2015

Date of Last Submission:

22 May 2015

Delivered at:

Melbourne

Delivered on:

6 August 2015

REPRESENTATION

Counsel for the Appellant:

In Person

Solicitors for the Appellant:

In Person

Counsel for the First Respondent:

In Person

Solicitors for the First Respondent:

In Person

Counsel for the Second Respondent:

Ms Scarlett

Solicitors for the Second Respondent:

Australian Government Solicitor

ORDERS

The Appeal of the Appellant of 15 October 2014 is dismissed.
The Application of the First Respondent for leave to appeal the decision of the Social Security Appeals Tribunal of 29 August 2014 out of time is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Hellier & Josey & Anor (SSAT Appeal) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 9586 of 2014

MR HELLIER

Appellant

And

MS JOSEY

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Introduction

This matter relates to appeals by both the Appellant and First Respondent from a decision of the Social Security Appeals Tribunal (“SSAT”) made 29 August 2014 relating to the child support payable by the First Respondent.
The Appellant and First Respondent are the parents of

X
born (omitted) 2009 (“X”).
The Appellant and First Respondent were in a brief…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hellier & Josey & Anor (SSAT Appeal)

Details

AGLC: Hellier and Josey and Anor (SSAT Appeal) [2015] FCCA 2107
Case: [2015] FCCA 2107
Decision Date: 6 August 2015

CaseChat Overview and Summary

This matter concerned an appeal to the court by the appellant, Hellier, against a decision of the Social Security Appeals Tribunal (SSAT). The first respondent also sought leave to appeal from a separate SSAT decision, filed out of time.

The primary legal issues before the court were whether the SSAT had denied the appellant procedural fairness or natural justice, and whether the SSAT was obliged to conduct its own investigation into the parties' financial circumstances or to draw an adverse inference from a failure to file documentation. In relation to the first respondent's application, the court was required to consider the factors relevant to granting an extension of time for filing an appeal from the SSAT.

The court dismissed the appellant's appeal, finding no denial of procedural fairness. It held that the SSAT is not obliged to conduct an independent investigation into parties' financial circumstances, nor is it required to draw an adverse inference from a failure to file documentation. The court also dismissed the first respondent's application for leave to appeal out of time, refusing to grant an extension.

Orders

Orders of the court

The Appeal of the Appellant of 15 October 2014 is dismissed.

The Application of the First Respondent for leave to appeal the decision of the Social Security Appeals Tribunal of 29 August 2014 out of time is 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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