SATHRA & SATHRA

In this appeal, Mr Sathra sought leave to appeal against child support orders made by the Family Court of Australia. The lower court had dismissed Mr Sathra's application to discharge certain child support orders and enforce payment of child support arrears. The primary legal issue was whether the trial judge erred in failing to consider relevant evidence and make necessary findings under the Child Support (Assessment) Act 1989 (Cth). The Full Court found that the trial judge did err in not properly considering Mr Sathra's financial circumstances and commitments when determining whether a ground for departure existed. The court held that the trial judge's failure to properly consider the relevant evidence and factors amounted to an error of law.

The Full Court allowed the appeal in part and set aside certain orders. The appeal against the orders dismissing Mr Sathra's application to discharge the child support orders was allowed from 11 April 2012 when Mr Sathra established a change in his financial circumstances. The orders requiring Mr Sathra to pay half the children's school fees from that date were also set aside. The matter was remitted for rehearing before another judge to determine the appropriate child support orders moving forward. Each party was granted a certificate under the Federal Proceedings (Costs) Act 1981 (Cth) for the appeal and rehearing.