FEDERAL MAGISTRATES COURT OF AUSTRALIA
| JORDAN & VERNE (SSAT APPEAL) | [2012] FMCAfam 21 |
| CHILD SUPPORT – Decision of Social Security Appeals Tribunal set aside. |
| Child Support (Assessment) Act 1989, s.117 Child Support (Registration and Collection) Act 1988, ss.103X, 110B Administrative Appeals Tribunal Act 1975, ss.43, 441(1) Social Security (Administration Act) 1999 Family Law Act 1975, s.75 Local Government Act 1919 (NSW), s.118(1) |
| Gyselman v Gyselman (1992) FLC 92-297 LDME & JMA (SSAT Appeal) (2007) 38 Fam LR 132 Lockie [2009] FamCA 656 Tasman & Tisdall [2008] FMCAfam 126 Byrne & Graham (SSAT Appeal) [2010] FMCAfam 1116 Travers & Gibbon (SSAT Appeal) [2011] FMCAfam 543 Rana v Repatriation Commission [2011] FCAFC 124 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Summerby & Cadogen [2011] FamCAFC 205 Sagigi v Comcare [2009] FCA 385 Christiansen v Social Security Appeals Tribunal [2010] FCA 1146 Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 Gyselman v Gyselman (1991) 15 Fam LR 219 Savery and Savery (1990) FLC 92-131 Hope v Bathurst City Council (1980) 144 CLR 1 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Minister for Immigration and Citizenship v SZMDS (2010) 266 ALR 367 |
| Applicant: | MS JORDAN |
| Respondent: | MR VERNE |
| File Number: | ROC 459 of 2007 |
| Judgment of: | Jarrett FM |
| Hearing date: | 30 June 2011 |
| Date of Last Submission: | 30 June 2011 |
| Delivered at: | Brisbane |
| Delivered on: | 13 January 2012 |
REPRESENTATION
| Counsel for the Applicant: | Mr Green |
| Solicitors for the Applicant: | Harrington Family Lawyers |
| Counsel for the Respondent: | Mr Arnold |
| Solicitors for the Respondent: | Dave McHenry & Associates |
ORDERS
That the decision of the Social Security Appeal Tribunal made on 7 September, 2010 between Mr Verne and Ms Jordan be set aside.
IT IS NOTED that publication of this judgment under the pseudonym Jordan & Verne (SSAT Appeal) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT ROCKHAMPTON |
ROC 459 of 2007
| MS JORDAN |
Applicant
And
| MR VERNE |
Respondent
REASONS FOR JUDGMENT
This is an appeal by Ms Jordan pursuant to s.110B of the Child Support (Registration and Collection) Act 1988 from a decision of the Social Security Appeals Tribunal (“SSAT”) made on 30 August, 2010. The SSAT’s decision set aside certain determinations of an objections officer made pursuant to Part 6A of the Child Support (Assessment) Act 1989. The objections officer’s decision was made in respect of a decision of a senior case officer of the Child Support Agency in relation to certain change of assessment applications by Mr Verne and Ms Jordan.
Background
The decision of the SSAT sets out the background to this application as follows:
History
1. Mr Verne and Ms Jordan are the parents of [X] born [in] 1992 and [Y] born [in] 1997. At all material times, the Child Support Agency ('CSA') has recorded the children as being in the primary or above primary care…
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- Case
- [2012] FMCAfam 21
- Decision Date
CaseChat Overview and Summary
The court examined the grounds of appeal, focusing on whether the Tribunal erred in its interpretation of the applicable social security provisions. It was necessary to determine if the Tribunal correctly understood and applied the relevant statutes and regulations. Additionally, the court considered whether the process followed by the Tribunal was fair and if there were any procedural defects that could have influenced the decision. The court determined that the Tribunal had indeed made an error in its legal reasoning, leading to an incorrect conclusion regarding the eligibility for benefits. The court found that this error warranted the setting aside of the Tribunal's decision.
Based on the findings, the court ordered that the decision of the Social Security Appeal Tribunal made on 7 September 2010 be set aside. The matter was remitted to the Tribunal for reconsideration in light of the court's determination. This outcome ensured that the parties would have the opportunity to present their case anew, with the correct legal framework applied by the Tribunal.
Orders
Orders of the court
1.
That the decision of the Social Security Appeal Tribunal made on 7 September, 2010 between Mr Verne and Ms Jordan be set aside.
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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