Saberton & Saberton

In the case of Saberton & Saberton, the parties were involved in a family law dispute concerning child support orders under the Child Support (Assessment) Act 1989 (Cth). The proceedings originated in the Federal Circuit Court and were later appealed to the Family Court of Australia. The central issue in the appeal was whether the court retained jurisdiction under section 116 of the Assessment Act to determine a remitted application once all other aspects of the proceedings had been finalised. Additionally, the court needed to decide if it was just and equitable to make a departure order from an administrative assessment under section 117 of the Assessment Act when there were no findings made regarding the matters the court must be satisfied with before making such an order.

The Family Court of Australia found that the jurisdiction to make orders pursuant to section 116 of the Assessment Act continues from when the order is made until the completion of the judicial process. Consequently, the court had the authority to address the remitted application. Furthermore, the court determined that it was not just and equitable to make a departure order without findings on the necessary matters, leading to the allowance of the appeal. The order made by Justice Cleary on 10 August 2012 was set aside, and the matter was remitted for rehearing by a different judge.

The court granted the wife leave to appeal and allowed the appeal, setting aside the order in question and remitting the matter for a new hearing. The wife was also granted a costs certificate for the appeal, and each party received a costs certificate for the new trial ordered. These orders reflect the court's decision to ensure that the proceedings were properly managed and that the parties' costs were appropriately considered.