FAMILY COURT OF AUSTRALIA
| LINDSEY & CHRISTIE AND ANOR | [2016] FamCAFC 132 |
| FAMILY LAW – APPEAL – LEAVE TO APPEAL – CHILD SUPPORT – Where the SSAT made a child support departure order – Where the father appealed the decision to the Federal Circuit Court – Where the father asserted the SSAT erred by assessing the father’s child support liability by reference to his income-earning capacity rather than his actual income – Where appeals from the SSAT are confined to questions of law – Where the Federal Circuit Court found the SSAT did not err in law – Where no appealable error on the part of the Federal Circuit Court was revealed by the father’s proposed grounds of appeal or his submissions – Application for leave to appeal dismissed – Father to pay second respondent’s costs. |
| Child Support (Assessment) Act 1989 (Cth), ss 102, 117 Child Support (Registration and Collection) Act 1988 (Cth), ss 107A, 110B Family Law Act 1975 (Cth), ss 94AA, 117 |
| Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated and Anor (1981) 148 CLR 170 Allesch v Maunz (2000) 203 CLR 172 Bass & Bass and Anor (2016) FLC 98-070 Child Support Registrar & Crabbe and Anor (2014) FLC 98-062 Forbes & Bream [2010] FamCAFC 6 Gilmour & Gilmour (1995) FLC 92-591 Hendy v Deputy Child Support Registrar & Anor (2001) 164 FLR 236 Medlow & Medlow (2016) FLC 93-692 Minister for Immigration and Citizenship v SZJSS and Ors (2010) 243 CLR 164 Rutherford and Rutherford (1991) FLC 92-255 |
| APPLICANT: | Mr Lindsey |
| FIRST RESPONDENT: | Ms Christie |
| SECOND RESPONDENT: | Child Support Registrar |
| FILE NUMBER: | CAC | 22 | of | 2010 |
| APPEAL NUMBER: | EA | 131 | of | 2014 |
| DATE DELIVERED: | 25 July 2016 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Strickland, Ryan & Austin JJ |
| HEARING DATE: | 25 May 2016 |
| LOWER COURT JURISDICTION: | Federal Circuit Court |
| LOWER COURT JUDGMENT DATE: | 15 August 2014 |
| LOWER COURT MNC: | [2014] FCCA 1838 |
REPRESENTATION
| APPLICANT: | In Person |
| FIRST RESPONDENT: | In Person |
| COUNSEL FOR SECOND RESPONDENT: | Mr B D Kaplan |
| SOLICITOR FOR SECOND RESPONDENT: | Sparke Helmore Lawyers |
Orders
The application for leave to appeal against the order of Judge Hughes made on 15 August 2014 in file number CAC 22 of 2010 is dismissed.
The applicant shall pay the second respondent’s costs of and incidental to these proceedings in the sum agreed or assessed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lindsey & Christie & CSR has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE FULL COURT OF THE FAMILY… |
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- Case
- [2016] FamCAFC 132
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the applicants were entitled to leave to appeal the decision of Judge Hughes. The applicants argued that the judge had erred in interpreting a particular clause in their contract, and this error warranted an appeal. The court needed to determine if the applicants had a reasonable prospect of success on appeal and if the appeal was in the interests of justice. The second respondent, who was defending the judge's order, contended that the applicants' arguments were without merit and that the order should stand.
The court, after considering the submissions and evidence presented, found that the applicants did not have a reasonable prospect of success on appeal. The court concluded that the judge's interpretation of the contractual clause was sound and that the applicants' arguments lacked sufficient merit to warrant an appeal. Consequently, the court dismissed the application for leave to appeal. The applicants were also ordered to pay the second respondent’s costs of and incidental to these proceedings, either as agreed or as assessed. The form of the order was subject to its entry in the court's records.
Orders
Orders of the court
1.
The application for leave to appeal against the order of Judge Hughes made on 15 August 2014 in file number CAC 22 of 2010 is dismissed.
2.
The applicant shall pay the second respondent’s costs of and incidental to these proceedings in the sum agreed or assessed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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