SCVG & KLD

SCVG & KLD is an appeal against several decisions related to family law matters, including child support assessment, costs, and further evidence. The appeal was dismissed by the court, with the application for leave to appeal and other applications also dismissed. The appellant, who had provided evidence for the child support assessment, sought to appeal against the decision of the Social Security Appeals Tribunal, affirmed by a Federal Circuit Court judge. The legal issues centred on whether the proposed appeal disclosed an error of law, whether procedural fairness was upheld, and whether the Tribunal had an obligation to investigate on behalf of the party. The court found that the appellant had provided the evidence on which the Tribunal's decision was based, and that the decision was not illogical, irrational or unreasonable. The court also found that procedural fairness did not extend to giving notice of a conclusion open on the known material, and that the Tribunal did not have a general obligation to make investigations on behalf of a party.

The appeal also addressed costs awarded in the parenting proceedings. The court found that an appellate court will not interfere with an order for indemnity costs unless the result is plainly unjust or the primary judge's discretion was exercised on wrong principles. The court found that the failure to comply with rule 19.08(3) did not invalidate the costs order, and no error was established. The appeal was dismissed.

The appellant also sought to adduce further evidence and extend the time in which to appeal, but the court found no merit in the applications. All applications were dismissed, save for one that was discontinued after the hearing of the appeal.

Finally, the appellant was wholly unsuccessful and was ordered to pay the first and second respondent's costs to be assessed, if not agreed. The form of the order is subject to the entry of the order in the Court’s records.