FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SCHMIDT & GELLER & ANOR (SSAT APPEAL) | [2012] FMCAfam 735 |
| CHILD SUPPORT – APPEAL – Appeal from decision of Social Security Appeals Tribunal – where SSAT set aside decision under review – non agency payments – where Tribunal decided that no payments by Appellant be credited as non agency payments – whether Tribunal failed to take into account relevant considerations – procedural fairness – whether Appellant denied procedural fairness – merits review – unreasonableness – whether decision was one at which no logical, reasonable or rational person could arrive. CHILD SUPPORT – APPEAL – Jurisdiction – an appeal from a decision of the SSAT is not a matrimonial cause – s. 39 of the Family Law Act 1975 (Cth) does not apply to an appeal from the SSAT to the Federal Magistrates Court. EVIDENCE – APPEAL – Appeals from SSAT on a question of law only – fresh evidence – the jurisdiction of the Federal Magistrates Court under s.110B of the Child Support (Registration and Collection) Act 1988 (Cth) does not permit the reception of further evidence which was not before the SSAT. COSTS – no order for costs – where Second Respondent submitted that appeal should be dismissed without costs. |
| Administrative Appeals Tribunal Act 1975 (Cth) s.44 Child Support (Assessment) Act 1989 (Cth) Child Support (Registration and Collection) Act 1988 (Cth), ss.71, 87, 89, 104, 103T, 110B Family Law Act 1975 (Cth) ss.39, 104 |
| Appellant: | MR SCHMIDT |
| First Respondent: | MS GELLER |
| Second Respondent: | CHILD SUPPORT REGISTRAR |
| File Number: | SYC 7744 of 2011 |
| Judgment of: | Scarlett… |
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- AGLC
- Schmidt & Geller (SSAT Appeal) [2012] FMCAfam 735
- Case
- [2012] FMCAfam 735
- Decision Date
CaseChat Overview and Summary
The court found that the appellant's first ground of appeal was not made out, as the SSAT had granted an adjournment for the parties to obtain and comment on further information. The appellant had not raised any complaints about not receiving the material upon which the first respondent was relying, and therefore, he had not established that he was denied procedural fairness in this regard. The second ground of appeal was also not made out, as the SSAT had considered the full facts in the affidavits presented to it by the first respondent. The court found that the SSAT's decision was not unreasonable, as it was one at which a logical, reasonable, or rational person could arrive.
The Federal Magistrates Court dismissed the appeal against the decision of the SSAT made on 17 November 2011 and despatched on 22 November 2011. The court also noted that an appeal from a decision of the SSAT is not a matrimonial cause, and therefore, section 39 of the Family Law Act 1975 (Cth) does not apply. The court further noted that an appeal from the SSAT to the Federal Magistrates Court is on a question of law only, and fresh evidence cannot be received which was not before the SSAT. The second respondent submitted that the appeal should be dismissed without costs, and the court made no order for costs.
Orders
Orders of the court
1.
The Appeal against the decision of the Social Security Appeals Tribunal made on 17 November 2011 and despatched on 22 November 2011 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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