Shearer & Benson (SSAT Appeal)

Case [2011] FMCAfam 623


FEDERAL MAGISTRATES COURT OF AUSTRALIA

SHEARER & BENSON & ANOR (SSAT APPEAL) [2011] FMCAfam 623
CHILD SUPPORT – Appeal from the Social Security Appeals Tribunal – whether any question of law arose in the decision of the Social Security Appeals Tribunal – whether there was evidence that the appellant received a benefit from the payment of the appellant’s credit card expenses by a company 50% owned by the appellant – whether the Social Security Appeals Tribunal erred in ignoring or misconstruing the evidence of the appellant as to the payment of the credit card expenses – whether the Social Security Appeals Tribunal erred by failing to provide the appellant with procedural fairness.
Child Support (Registration and Collection) Act 1988 (Cth), s.110B
Shearer & Trotter & Anor (SSAT Appeal) [2011] FMCAfam 622
Carey v Carey (1994) FLC 92
Kioa v West [1985] HCA 81
PJ & Child Support Registrar (SSAT Appeal) [2007] FMCAfam 829
Commissioner for the Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576
Bedell & Kastens & Anor (SSAT Appeal) [2010] FMCAfam 1250
Appellant: MR SHEARER
First Respondent: MS BENSON
Second Respondent: CHILD SUPPORT REGISTRAR
File Number: SYC 1594 of 2011
Judgment of: Emmett FM
Hearing date: 9 June 2011
Date of Last Submission: 9 June 2011
Delivered at: Sydney
Delivered on: 28 June 2011

REPRESENTATION

Counsel for the Appellant: Mr Matthew Wong
Solicitor for the Appellant: Mr Steven Ng (Adams & Partners Lawyers)
The First Respondent appeared in person
Solicitor for the Second Respondent: Mr Nicholas Gouliaditis (Australian Government Solicitor)

IT IS NOTED that publication of this judgment under the pseudonym Shearer & Benson & Anor (SSAT Appeal) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).


FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYC 1594 of 2011

MR SHEARER

Appellant

And

MS BENSON

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Introduction

  1. This is an appeal from a decision of the Social Security Appeals Tribunal (“SSAT”) dated 4 February 2011.

  2. Section 110B of the Child Support (Registration and Collection) Act 1988 (Cth) makes clear that an appeal to this Court in respect of a decision of the SSAT is on a question of law.

  3. The appellant is the parent liable to pay child support to the first respondent for the child, D, born [in] 1999.

  4. The appellant has another appeal in this Court from a decision of the SSAT of the same date in respect of his liability to pay child support to Ms Trotter, the first respondent in Shearer & Trotter & Anor (SSAT Appeal) [2011] FMCAfam 622, in respect of their child L, born [in] 1994. The SSAT heard both matters together and the appellant’s evidence in one was taken to be evidence in the other.

  5. Both appeals to this Court raise identical issues and the evidence and submissions filed on behalf of the appellant in both proceedings are identical in all material respects, as are those of the second respondent. For those…

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AGLC
Shearer & Benson (SSAT Appeal) [2011] FMCAfam 623
Case
[2011] FMCAfam 623
Decision Date

CaseChat Overview and Summary

The Federal Magistrates Court considered an appeal from a decision of the Social Security Appeals Tribunal (SSAT) regarding the child support assessment of Mr. Shearer. The primary issue was whether the SSAT erred in including the annualised credit card payments made by a company, 50% owned by the appellant, as part of his taxable income for child support purposes. The appellant argued that the SSAT misconstrued his evidence regarding the credit card payments and failed to provide procedural fairness by not foreshadowing its findings. The court found that the SSAT's decision was based on the evidence presented and that the appellant had the opportunity to provide further information and explanations. The SSAT correctly noted that it was not required to undertake a major audit or investigation but needed to be reasonably satisfied on the balance of probabilities regarding the parties' income, property, and financial resources. The SSAT's findings were open to it on the evidence and material before it, and the appellant's failure to provide sufficient evidence did not equate to a denial of procedural fairness. The court dismissed the appeal with costs, affirming the SSAT's decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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