Shafer and Kean

Case

[2019] FCCA 1781

7 May 2019


Details
AGLC Case Decision Date
Shafer and Kean [2019] FCCA 1781 [2019] FCCA 1781 7 May 2019

CaseChat Overview and Summary

In the matter of *Shafer and Kean*, heard by Judge Harland, the dispute concerned an application by the Child Support Registrar for leave to make a determination under section 98S of the *Child Support (Assessment) Act 1989* (Cth). This determination related to the assessment of child support payable by Mr Shafer to Ms Kean for their child, born in 2013, covering the period from 1 July 2013 to 30 June 2016.

The central legal issue before the court was whether to grant the Child Support Registrar leave to proceed with a determination under section 98S of the Act. This section permits the Registrar to make a departure determination if satisfied that the administrative assessment of child support would be unjust or inequitable.

Judge Harland granted the application, exercising the court's power under section 112(1)(a) of the Act. The court's reasoning, as evidenced by the order, was that leave was granted for the Registrar to make the determination. The specific grounds upon which the Registrar sought to make the determination under section 98S, and the detailed reasoning of the court in relation to those grounds, are not elaborated in the provided text.

Consequently, the court ordered that leave be granted to the Child Support Registrar to make a determination under section 98S of the *Child Support (Assessment) Act 1989* (Cth) regarding the child support assessment for the specified child and period.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

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