Manchester & Manchester (SSAT Appeal)

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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…

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Details
Case
[2010] FMCAfam 947
Decision Date

CaseChat Overview and Summary

The matter before the court involved an appeal by a party against a decision rendered by the Social Security Appeals Tribunal (SSAT). The central issue was the classification and treatment of proceeds from the sale of a capital asset within the context of child support obligations. The court was tasked with determining whether the proceeds from the sale of a capital asset should be considered a financial resource for the purposes of child support assessments, and whether the SSAT had correctly applied the relevant legislative provisions.

The primary legal issue before the court was whether the SSAT had erred in its interpretation and application of the relevant statutory provisions. Specifically, the court had to examine whether the SSAT had correctly identified and applied section 117(4) of the relevant legislation, which pertains to the treatment of proceeds from the sale of capital assets. The court also needed to assess whether the SSAT had appropriately considered the nature of the consideration received from the sale of the capital asset and whether it had failed to discern the relevant statutory provisions correctly.

In resolving the matter, the court found that the SSAT had indeed made an error of law. The tribunal had failed to properly consider the statutory provision regarding the proceeds from the sale of a capital asset, and had not adequately discerned the relevant sections of the legislation. The court concluded that the SSAT's decision was flawed due to these oversights. Consequently, the court set aside the decision of the SSAT and remitted the matter for rehearing. The court emphasised that the rehearing should be conducted according to law and with consideration of any further evidence that might be pertinent to the matter.

Orders

Orders of the court

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.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.