FEDERAL CIRCUIT COURT OF AUSTRALIA
| TAN & TAN (SSAT APPEAL) and TAN v CHILD SUPPORT REGISTRAR & ANOR | [2013] FCCA 123 |
| Catchwords: CHILD SUPPORT – Appeal from SSAT – reconciliation of costs of raising children with Costs of Children Tables. CHILD SUPPORT – Appeal from SSAT – whether issue estoppel applies to administrative decision of Child Support Registrar or SSAT. CHILD SUPPORT – Appeal from SSAT – whether Child Support Registrar functus officio. ADMINISTRATIVE LAW – Judicial review – grounds of review – generally. |
| Legislation: Administrative Decisions (Judicial Review) Act 1977 Child Support Assessment Act 1989, ss.111, 112, Part 6A Child Support Registration and Collection Act 1988 Commonwealth of Australia Constitution Act 1900 |
| Cases cited: Administration of the Territory of Papua and New Guinea & Anor. v Daera Guba [1973] HCA 59; (1973) 130 CLR 353; (1973) 47 ALJR 621 Chamberlain v Deputy Federal Commissioner of Taxation [1988] HCA 21; (1988) 164 CLR 502 Carlson & Arcuff and Anor (SSAT Appeal) [2010] FMCAfam 677 Gelber & The Child Support Registrar and Anor (SSAT Appeal) [2012] FMCAfam 45 Howell v Falmouth Boat Construction Co Ltd [1951] AC 837; (1951) 2 All ER 278 Luten v Lessels [2002] HCA 13; (2002) 210 CLR 333; [2002] FLC ¶98-015; (2002) 187 ALR 529; (2002) 76 ALJR 635; (2002) 28 Fam LR 398; (2002) 23 Leg Rep 2; 49 ATR 471 Maritime Electric Co Ltd v General Dairies Ltd [1937] AC 610; (1937) 1 All ER 748 Tan & Tan and Anor [2011] FMCAfam 913 |
| Applicant: | MR TAN |
| Respondent: | MS TAN |
| File Number: | MLC 4576 of 2009 |
| Applicant: | MR TAN |
| First Respondent: | CHILD SUPPORT REGISTRAR |
| Second Respondent: | MS TAN |
| File Number: | MLG 963 of 2012 |
| Judgment of: | Judge Riethmuller |
| Hearing date: | 29 August 2012 |
| Date of Last Submission: | 29 August 2012 |
| Delivered at: | Dandenong |
| Delivered on: | 13 May 2013 |
REPRESENTATION
| Counsel for the Applicant: | The Applicant appearing in person. |
| Counsel for the First Respondent: | Mr McAloon of Counsel |
| Solicitors for the First Respondent: | Australian Government Solicitors |
| Counsel for the Second Respondent: | The Second Respondent appearing in person |
ORDERS
The appeal with respect to SSAT appeal [1] be dismissed.
The appeal with respect to SSAT appeal [2] be dismissed.
The application for judicial review filed 15 June 2012 be dismissed.
There be no order as to costs.
IT IS NOTED that publication of this judgment under the pseudonym Tan & Tan (SSAT Appeal) and Tan v Child Support Registrar & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT DANDENONG |
MLC 4576 of 2009
| MR TAN |
Applicant
And
| MS TAN |
Respondent
MLG 963 of 2012
| MR TAN |
Applicant
And
| CHILD SUPPORT REGISTRAR |
First Respondent
| MS TAN |
Second Respondent
REASONS FOR JUDGMENT
The applicant has filed two notices of appeal with respect to decisions of the Social Security Appeals Tribunal, together with an originating application seeking judicial review under the Administrative Decisions (Judicial Review) Act 1977
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- Case
- [2013] FCCA 123
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the SSAT had erred in its application of the Costs of Children Tables to the specific circumstances of the parties. Furthermore, the court had to consider whether the doctrine of issue estoppel prevented the Child Support Registrar or the SSAT from revisiting or making new decisions on matters previously determined. The court also had to assess whether the Child Support Registrar was *functus officio*, meaning their authority to act in relation to a particular matter had ceased.
Judge Riethmuller dismissed the appeals from the SSAT decisions and the application for judicial review. The reasoning likely involved a determination that the SSAT had correctly applied the relevant legislation and tables, and that the principles of issue estoppel and *functus officio* did not preclude the Registrar or SSAT from making the decisions under review in the circumstances presented. The court found no grounds for judicial review.
Consequently, the appeal with respect to SSAT appeal [1] was dismissed, as was the appeal with respect to SSAT appeal [2]. The application for judicial review filed on 15 June 2012 was also dismissed, and there were no orders as to costs.
Orders
Orders of the court
1. The appeal with respect to SSAT appeal [1] be dismissed.
2. The appeal with respect to SSAT appeal [2] be dismissed.
3. The application for judicial review filed 15 June 2012 be dismissed.
4. There be no order as to costs.
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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