Lawson and Lynch and Anor - [2016] FCCA 1258

FEDERAL CIRCUIT COURT OF AUSTRALIA

LAWSON & LYNCH & ANOR

[2016] FCCA 1258

Catchwords:
CHILD SUPPORT – Where the applicant has filed an appeal against an AAT child support first review decision – where the applicant seeks a stay of the decision pending the hearing of the appeal – where the applicant seeks the stay pursuant to s.111C of the Child Support (Registration & Collection) Act – where the application is cast in the wording of s.44A (2) of the Administrative Appeals Tribunal Act – where s.44A(2) is the correct section to apply in the context of this application - application for a stay dismissed.

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth), ss.44AAA, 44A
Child Support (Registration & Collection) Act 1988 (Cth), ss.108P, 111C

Cases cited:

Lloyd & Tasker (2016) 304 FLR 286

Tuck & Johns & Anor [2015]FCCA 2832

Applicant:

MR LAWSON

First Respondent:

MS LYNCH

Second Respondent:

CHILD SUPPORT REGISTRAR

File Number:

NCC 2623 of 2014

Judgment of:

Judge Terry

Hearing date:

10 May 2016

Date of Last Submission:

10 May 2016

Delivered at:

Parramatta

Delivered on:

26 May 2016

REPRESENTATION

Solicitor Advocate for the Applicant:	Mr Powe
Solicitors for the Applicant:	Powe & White Family Lawyers
Solicitor Advocate for the First Respondent:	Ms Thomas
Solicitors for the First Respondent:	Wall Legal
Solicitor Advocate for the Second Respondent:	Ms Mitchell
Solicitors for the Second Respondent:	Sparke Helmore Lawyers

ORDERS

The Application in a Case filed on 16 March 2016 is dismissed.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT NEWCASTLE

NCC 2623 of 2014

MR LAWSON

Applicant

And

MS LYNCH

Respondent

REASONS FOR JUDGMENT

Introduction

Mr Lawson has filed an appeal against an AAT child support first review decision which varied his adjusted taxable income and the adjusted taxable income of the respondent Ms Lynch for the period 16 April 2015 to 31 December 2017.
The effect of the decision is to increase in the amount of child support payable by Mr Lawson and to create arrears.
I have listed the appeal for hearing on 11 November 2016 and Mr Lawson seeks a stay of the decision pending the hearing of the appeal. His stay application is worded as follows:
That pending further Order of the Court that a stay, pursuant to s. 111C of the Child Support (Registration & Collection) Act 1988, of the decision made by Mr P Ryan, member of the Administrative Appeals Tribunal Social Services and Child Support Division on 3 February 2016 in review number (omitted) and between Ms Lynch, Applicant and Mr Lawson and Child Support Registrar, other parties, be granted.
Ms Lynch opposes a stay being granted.

Evidence and submissions

Mr Lawson relied on his application in a case and supporting affidavit filed on 16 March 2016.
Ms Lynch relied on her response and supporting affidavit filed on 26 April 2016.
The Child Support Registrar…

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.

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Details

Case: [2016] FCCA 1258
Decision Date: 26 May 2016

CaseChat Overview and Summary

In the matter of *Lawson and Lynch and Anor*, the applicants, Lawson and Lynch, sought to bring an application in a case filed on 16 March 2016. The specific nature of the dispute and the respondent parties are not detailed in the provided text, but the matter was heard before Judge Terry.

The central legal issue before the court was whether the applicants' application, filed on 16 March 2016, should be permitted to proceed. The court was required to determine the validity and merits of this application.

Judge Terry dismissed the application. No specific reasoning or legal principles applied are detailed in the provided text, beyond the ultimate outcome of the dismissal.

The court ordered that the Application in a Case filed on 16 March 2016 be dismissed.

Orders

Orders of the court

The Application in a Case filed on 16 March 2016 is dismissed.

Background

Background to the litigation

Full text does not contain this section.

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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