Polec and Staker and Anor (SSAT Appeal)

In the Federal Magistrates Court of Australia, Mr. Polec applied for costs following a successful appeal against a child support decision made by the Social Security Appeals Tribunal. The Tribunal had upheld a decision by the Child Support Registrar, who had determined that Mr. Polec's child support obligations remained unchanged despite the child's relocation and entry into full-time employment. The appeal to the Federal Magistrates Court was successful, leading to the Tribunal's decision being remitted for re-hearing. The appeal was governed by the Family Law Act 1975 and the Child Support (Registration and Collection) Act 1988, with costs typically borne by the party on whom they are imposed unless circumstances justify otherwise. The Court considered the financial circumstances of the parties, the conduct of the proceedings, and whether any party had been wholly unsuccessful.

The Court found that neither party was in receipt of legal aid, and there was no complaint about the conduct of any party. The Child Support Registrar and the first respondent were wholly unsuccessful in defending the appeal, as the Tribunal's failure to analyse available evidence and determine a change in the level of care provided by the mother amounted to an error of law. The Court rejected the argument that the Child Support Registrar should not be liable for costs due to the issue highlighting a gap in the statutory definition of the level of care of a child. The Court emphasised that the appellant was obliged by law to comply with the administrative assessment and that it was reasonable for him to seek legal representation for the appeal and to recover the associated costs.

The Court concluded that the Child Support Registrar should meet the costs of the appeal, amounting to $8,630. The order was based on the Federal Magistrates Court scale applicable at the date of the hearing of the appeal. The Court approved the application for costs, and the Child Support Registrar was directed to pay Mr. Polec's costs in the sum of $8,630. The decision was made under the pseudonym Polec and Staker and Anor, pursuant to section 121(9)(g) of the Family Law Act 1975.