Manchester & Manchester (SSAT Appeal)

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MANCHESTER & MANCHESTER (SSAT APPEAL) [2010] FMCAfam 947

CHILD SUPPORT – SSAT Appeal – Error of law established – proceeds of sale of capital not a financial resource – non discernable consideration of s.117 (4) – remit for rehearing.

Child Support Assessment Act 1989, s.117(4)

Wright v Wright [2009] FMCAfam 979
Comcare Australia v Lees [1997] FCA 1415
Nestle Australia Ltd v Federal Commissioner of Taxation (1987) 16 FCR 167

Applicant: MR MANCHESTER

Respondent: MS MANCHESTER

File Number: PAC5144 of 2009

Judgment of: Dunkley FM

Hearing date: 10 June 2010

Date of Last Submission: 10 June 2010

Delivered at: Parramatta

Delivered on: 7 September 2010

REPRESENTATION

Solicitors for the Applicant: Maclarens Lawyers

Solicitors for the Respondent: Legal Aid NSW

ORDERS

1. The decision of the Social Security Appeals Tribunal made on

   
   

   29 September 2009 be set aside.

2. The decision be remitted for rehearing according to law and subject to any further evidence that may now be applicable.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT Parramatta

PAC5144 of 2009

MR MANCHESTER

Applicant

And

MS MANCHESTER

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an appeal from a decision of the Social Security Appeals Tribunal (Tribunal) made on 29 September 2009. Mr Manchester is the Appellant. He is the parent liable to pay child support to

   
   

   Ms Manchester for their children [W], born [in] 1992, [X], born [in] 1994, [Y], born [in] 1999 and [Z], born [in] 2000.

2. Ms Manchester is the Respondent and opposed the Appeal.

Background

1. On 18 May 2009, an Objections Officer at the Child Support Agency (Agency) disallowed an objection by Mr Manchester, with respect to his Child Support Assessment.

2. As a result the above a decision made by a Senior Case Officer of the Agency on 23 May 2008 to change Mr Manchester’s existing Child Support Assessment was unaffected. As a consequence, at the time of the Appeal to the Tribunal, Mr Manchester was assessed as follows:

   a)For the period 20 March 2008 to 30 June 2008 to have a child support income set at $69, 600.00 per annum;

   b)For the period 1 July 2008 to 31 March 2010 to have an adjusted taxable income set at $69,600.00;

   c)For the period 1 July 2008 to 31 March 2010 Ms Manchester’s adjusted taxable income was set at $25,287.00 per annum.

3. Mr Manchester’s Appeal was heard in the Federal Magistrates Court on 10 June 2010. He was represented by his solicitor, Mr Tilley.

   
   

   Ms Manchester was represented by her solicitor, Ms Cole.

4. There are two grounds of appeal, set out in the Notice of Appeal

Background Facts

1. Mr and Ms Manchester have four children, [W], born [in] 1992, [X], born [in] 1994, [Y], born [in] 1999 and [Z], born [in] 2000.

2. The children live with the mother, Ms Manchester.

3. The parties separated early in 2005.

4. The Family Court of Australia…