Strong v Strong

[2017] FCCA 2954

FEDERAL CIRCUIT COURT OF AUSTRALIA

STRONG v STRONG & ANOR [2017] FCCA 2954

Catchwords:
CHILD SUPPORT – Appeal from Administrative Appeals Tribunal – no error of law – application dismissed – application in a case in relation to publication of material on Facebook – Applications dismissed.

Legislation:

Child Support (Assessment) Act 1989 (Cth), s.117
Administrative Decision Judicial Review Act 1977 (Cth)
Family Law Act 1975 (Cth)

Cases cited:
Abebe v Commonwealth of Australia [1999] HCA 14
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Carrigan & Fredericks (SSAT Appeal) [2011] FMCAfam 544
Child Support Registrar & Scullin & Anor (SSAT) [2015] FamCAFC 200
Henriques & Hatzis & Anor (SSAT Appeal) [2014] FCCA 1194
Jordan & Verne (SSAT Appeal) [2012] FMCAfam 21
Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744
Minister of Immigration and Citizenship v SZ155 [2010] 243 CLR 164
Morse & Potts (SSAT Appeal) [2010] FMCAfam 1305
Penman & Child Support Registrar & Anor (SSAT Appeal) [2013] FCCA 492

Applicant: MR STRONG

First Respondent: MS STRONG

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: BRG 699 of 2016

Judgment of: Judge Cassidy

Hearing date: 19 May 2017

Date of Last Submission: 28 July 2017

Delivered at: Brisbane

Delivered on: 1 December 2017

REPRESENTATION

The Applicant appeared in person.

The Respondent appeared in person.
Solicitor for the Second Respondent:	Mills Oakley Lawyers

ORDERS

1. That the Further Amended Notice of Appeal (Child Support) filed 11 October 2016 be dismissed.

2. That the Applications in a Case filed 18 May 2017 and 20 July 2017 be dismissed.

Notation

It is noted that if the mother has published on Facebook an account of child support proceedings she should take the account down immediately.

IT IS NOTED that publication of this judgment under the pseudonym Strong v Strong & 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 699 of 2016

MR STRONG

Applicant

And

MS STRONG

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an appeal by Mr Strong against a decision of Ms M sitting as a member of the Administrative Appeals Tribunal (“the AAT”).

2. The decision was made on 21 June 2016.

The Background

1. The factual background to this appeal is adequately summarised in the submissions of the Child Support Registrar:

   “[4] The Applicant and First Respondent are the parents of X, born (omitted) 2004 and Y, born (omitted) 2005 (the children).

   [5] The child support assessment was registered on 19 January 2011.

   [6] On 16 October 2015 the First Respondent applied to the Registrar for a departure from the administrative assessment under Part 6A of the Child Support (Assessment) Act 1989 (Assessment Act).

   [7] On 9 December 2015 a Senior Case Officer (SCO), being a delegate of the Registrar, considered the application and found two grounds of departure established on the basis of the Applicant's income, property and financial resources and his earning capacity.  The SCO decided to…