Van de Berg & Van de Berg

[2009] FamCAFC 112

FAMILY COURT OF AUSTRALIA

VAN DE BERG & VAN DE BERG [2009] FamCAFC 112

FAMILY LAW - APPEAL – CHILD SUPPORT – where the Magistrate ordered that Child Support Agency assessments against the father be departed from – where the father argued that there were errors in two dates and in a monetary amount in the Magistrate’s orders and sought the Full Court amend the orders to fix the errors – where leave to appeal required – leave to appeal granted – appeal allowed – orders amended by Full Court.

FAMILY LAW - APPEAL – COSTS – costs certificates granted.

Federal Proceedings (Costs) Act 1981 (Cth)

APPLICANT/APPELLANT: Mr Van de Berg

RESPONDENT: Ms Van de Berg

FILE NUMBER: PTW 4816 of 1994

APPEAL NUMBER: WA 32L of 2008

DATE DELIVERED: 3 July 2009

PLACE DELIVERED: Perth

PLACE HEARD: Perth

JUDGMENT OF: Finn, Coleman and May JJ

HEARING DATE: 2 July 2009

LOWER COURT JURISDICTION: Magistrates Court of Western Australia

LOWER COURT JUDGMENT DATE: 29 April 2008

LOWER COURT MNC:

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Jones

SOLICITOR FOR THE APPELLANT: Peterson & Dowding

COUNSEL FOR THE RESPONDENT: Self represented

Orders

1. That the applicant/appellant father be granted leave to appeal paragraph 1 of the orders of 29 April 2008.

2. That the appeal against paragraph 1 of the orders of 29 April 2008 be allowed.

3. That sub-paragraph (b) of paragraph 1 of the orders of 29 April 2008 be amended to read:

   “from 1 January 2003 to 7 September 2003 on the basis that the liable parent’s child support income amount is $88,900.00 per annum; and”

4. That sub-paragraph (c) of paragraph 1 of the orders of 29 April 2008 be amended to read:

   “from 1 January 2005 to 1 July 2005 on the basis that the liable parent’s child support income amount is $94,067.00 per annum.”

5. That the Court grants to the applicant/appellant father a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant father in respect of the costs incurred by the applicant/appellant father in relation to the appeal.

6. That the Court grants to the respondent mother a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent mother in respect of the costs incurred by the respondent mother in relation to the appeal.

IT IS NOTED that publication of this judgment under the pseudonym Van de Berg & Van de Berg is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT PERTH

Appeal Number: WA 32L of 2008
File Number: (P)PTW 4816 of 1994

Mr Van de Berg

Applicant/Appellant…