P v Child Support Registrar

FEDERAL COURT OF AUSTRALIA

P v Child Support Registrar [2012] FCA 1398

Citation:		P v Child Support Registrar [2012] FCA 1398
Appeal from:		The Father v Child Support Registrar [2012] AATA 396
Parties:		P v CHILD SUPPORT REGISTRAR and M
File number:		NSD 1051 of 2012
Judge:		BUCHANAN J
Date of judgment:		29 November 2012
Catchwords:		ADMINISTRATIVE LAW – error of law – failure to observe statutory prohibition
Legislation:		Administrative Appeals Tribunal Act 1975 (Cth) Child Support (Assessment) Act 1989 (Cth) Child Support (Registration and Collection) Act 1988 (Cth) Family Law Act 1975 (Cth)
Date of hearing:	29 November 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	37
Counsel for the Applicant:	The Applicant appeared in person.
Solicitor for the First Respondent:	Mr N Gouliaditis of Australian Government Solicitor
Counsel for the Second Respondent:	The Second Respondent appeared in person.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1051 of 2012

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

P
Applicant

AND:

CHILD SUPPORT REGISTRAR
First Respondent

M
Second Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	29 NOVEMBER 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is upheld.

2.The matter is remitted to the Administrative Appeals Tribunal to be further determined according to law.

3.The first respondent is to pay the costs properly incurred by the applicant bearing in mind his status as a self-represented litigant.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1051 of 2012

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

P
Applicant

AND:

CHILD SUPPORT REGISTRAR
First Respondent

M
Second Respondent

JUDGE:	BUCHANAN J
DATE:	29 NOVEMBER 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This judgment deals with an appeal brought under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (“the AAT Act”). The appeal is on a question of law. The decision of the Administrative Appeals Tribunal (“the AAT”) with which this judgment is concerned was given on 28 June 2012. It affirmed in substance (although varying the date of effect) a decision given by the Social Security Appeals Tribunal (“the SSAT”) on 11 January 2012.

2. Because of restrictions arising under s 121 of the Family Law Act 1975 (Cth) and s 110X of the Child Support (Registration and Collection) Act 1988 (Cth), I propose to use pseudonyms in this judgment to identify the personal parties to the proceedings and their child with whom the arrangements in question are concerned. 

3. The issues which were before the SSAT and the AAT arise from the operation of provisions of the Child Support (Assessment) Act 1989 (Cth) (“the Act”), in particular ss 50 and 54A. Those issues also require attention to a guide issued by the Child Support Agency called “The Guide”. As the AAT correctly appreciated in the decision which is at present under challenge, such guides are not binding,…