Somer v Child Support Registrar

FEDERAL CIRCUIT COURT OF AUSTRALIA

SOMER v CHILD SUPPORT REGISTRAR & ANOR [2016] FCCA 49

Catchwords:
CHILD SUPPORT – Application for an extension of time within which to commence an appeal – whether explanation for delay – whether proposed appeal had any merit – where proposed appeal has no merit – where it is not in the interests of the parties to extend time within which to institute appeal.

Legislation:

Child Support (Registration and Collection) Act 1988, s.103N

Federal Circuit Court Rules 2001, rr.3.05, 25A.06(2)

Gallo v Dawson (1990) 93 ALR 479
Hughes v National Trustees Executors & Agency Co of Australasia Ltd [1978] VR 257

Applicant: MS SOMER

First Respondent: CHILD SUPPORT REGISTRAR

Second Respondent: MR SAXBY

File Number: BRG 532 of 2015

Judgment of: Judge Jarrett

Hearing date: 21 August 2015

Date of Last Submission: 21 August 2015

Delivered at: Brisbane

Delivered on: 15 January 2016

REPRESENTATION

The applicant appeared in person

Solicitor for the First Respondent: Ms Nixon

Solicitors for the First Respondent: Lander & Rogers

No appearance for the Second Respondent

ORDERS

1. The amended application filed by leave on 21 August, 2015 seeking an extension of time within which to commence an appeal pursuant to s.110B of the Child Support (Registration and Collection) Act 1988 be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Somer v Child Support Registrar & Anor is approved pursuant to s.110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 532 of 2015

MS SOMER

Applicant

And

CHILD SUPPORT REGISTRAR

First Respondent

MR SAXBY

Second Respondent

REASONS FOR JUDGMENT

1. By way of an amended Notice of Appeal dated 12 August, 2015 and filed in Court on 21 August, 2015 Ms Somer seeks to appeal a decision of the Social Security Appeals Tribunal made on 16 February, 2015 that, in practical effect, affirmed a decision of the Child Support Registrar to accept an application for a child support assessment taken to have been made by Mr Saxby on 24 January, 2013 in respect of the parties’ child X.

2. The second respondent did not appear at the hearing before me.  I am satisfied, however, that he had appropriate notice of Ms Somer’s amended application and the affidavit that she wished to rely upon in these proceedings.

3. By her Amended Notice of Appeal, Ms Somer seeks orders to the effect that:

   a)the time for instituting the appeal be enlarged;

   b)the decision of the Social Security Appeals Tribunal dated 16 February 2015 be set aside; and

   c)the matter be remitted to the Social Security Appeals Tribunal to be determined according to law.

4. In the event that time for instituting her appeal is enlarged, Ms Somer proposes to rely upon seven grounds of appeal.

5. The decision of the tribunal that Ms Somer wishes to challenge was given on 16 February, 2015. She had 28 days from the date upon which she received that decision within which to commence an appeal as…