FEDERAL MAGISTRATES COURT OF AUSTRALIA
| KINDREE & CSR & ANOR (SSAT APPEAL) | [2010] FMCAfam 357 |
| CHILD SUPPORT – Appeal from SSAT – error of law – assessment of earning capacity – no material before Tribunal upon which the conclusion could properly be based. |
| Child Support (Assessment) Act 1989, ss.4, 7A, 77, 98S, 117 Child Support (Registration and Collection) Act 1988, ss.103N, 103T Evidence Act 1995, s.144 |
| Commonwealth Shipping Representative v P & O Service [1923] AC 191 Freckelton and Selby, Expert Evidence: Law Practice and Procedure (4th ed.) |
| Appellant: | MR KINDREE |
| First Respondent: | CHILD SUPPORT REGISTRAR |
| Second Respondent: | MS GIVENS |
| File Number: | SYC 4722 of 2009 |
| Judgment of: | Riethmuller FM |
| Hearing date: | 30 November 2009 |
| Date of Last Submission: | 30 November 2009 |
| Delivered at: | Melbourne |
| Delivered on: | 22 April 2010 |
REPRESENTATION
| Counsel for the Appellant: | The Appellant appearing in person. |
| Counsel for the First Respondent: | Ms Wild |
| Solicitors for the Respondent: | Child Support Agency |
| Counsel for the Second Respondent: | There being no appearance by or on behalf of the First Respondent. |
ORDERS
That the decision of the Social Security Appeals Tribunal, appeal SC226591 be set aside.
The matter be remitted to the Social Security Appeals Tribunal to hear and determine according to law.
IT IS NOTED that publication of this judgment under the pseudonym Kindree & CSR & Anor (SSAT Appeal) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
SYC 4722 of 2009
| MR KINDREE |
Appellant
and
| CHILD SUPPORT REGISTRAR |
First Respondent
| MS GIVENS |
Second Respondent
REASONS FOR JUDGMENT
The appellant and the second respondent are the parents of two children, P and A, who were born 1991 and 1996 respectively. There has been a child support assessment in place since 2001. There have been a number of applications to change the child support assessment during that time.
This appeal concerns the decision of the Social Security Appeals Tribunal, made 3 July 2009. The review is with respect to a decision that the child support rate…
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- Case
- [2010] FMCAfam 357
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were whether the Tribunal had correctly interpreted and applied the statutory provisions in question, and whether there were any errors of law that warranted the setting aside of the Tribunal's decision. The appellants argued that the Tribunal had failed to properly consider certain evidence and had misapplied the law in relation to the assessment of their eligibility for the benefits in question.
In its reasoning, the court found that the Tribunal had indeed erred in its interpretation and application of the relevant statutory provisions. The court found that the Tribunal had failed to properly consider certain evidence and had misapplied the law in assessing the appellants' eligibility for the benefits. The court held that these errors were significant enough to warrant the setting aside of the Tribunal's decision and the remittal of the matter back to the Tribunal for rehearing. The court's decision was based on a detailed analysis of the evidence and the relevant statutory provisions.
The final orders of the court were to set aside the decision of the Social Security Appeals Tribunal and to remit the matter back to the Tribunal for rehearing according to law. The court did not make any further orders in relation to the matter.
Orders
Orders of the court
1.
That the decision of the Social Security Appeals Tribunal, appeal SC226591 be set aside.
2.
The matter be remitted to the Social Security Appeals Tribunal to hear and determine according to law.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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