Walters and Phelps and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

WALTERS & PHELPS & ANOR [2013] FCCA 1878

Catchwords:
CHILD SUPPORT – Appeal – Application in a Case – Application for summary dismissal – where applicant argues that the Notice of Appeal is not competent – whether appellant seeking merits review – whether appeal on questions of law.
PRACTICE AND PROCEDURE – Change of Venue – Application in the alternative to change venue to Townsville.

Legislation:

Child Support (Registration and Collection) Act 1988, s.110B

Federal Circuit Court Rules 2001 r.8.01

Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321
Barton & Gibb & Anor (SSAT Appeal) [2013] FCCA 644
Lindon v commonwealth (No 2) [1996] HCA 14; (1996) 136 ALR 251; 70 ALJR 541

RL & D Investments Pty Ltd v Bisby [2002] NSWSC 1082
Zogiannis v Stevens [2012] VSC 264

Applicant: MR WALTERS

First Respondent: MS PHELPS

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: SYC 2097 of 2013

Judgment of: Judge Scarlett

Hearing date: 15 October 2013

Date of Last Submission: 15 October 2013

Delivered at: Sydney

Delivered on: 12 November 2013

REPRESENTATION

Solicitor for the Applicant:  Wilson/Ryan/Grose

Solicitors for the First Respondent: Scanlan’s

Solicitor for the Second Respondents: Program Litigation and Review Branch, Department of Human Services

ORDERS

1. The Application in a Case filed on 11 October 2013 is dismissed.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 2097 of 2013

MR WALTERS

Applicant

And

MS PHELPS

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application in a Case by the Second Respondent to an Appeal against a decision of the Social Security Appeals Tribunal. The Applicant is the Second Respondent to the Appeal.

2. The Applicant seeks the following Orders:

   1.  Pursuant to paragraph[1]110B of the Child Support (Registration & Collection) Act 1988, the notice of appeal (child support) filed in this Court by Ms Phelps on 19 April 2013 be dismissed, or in the alternative:

   2.  That the notice of appeal (child support) filed in this Court by Ms Phelps on 19 April 2013 be heard in another registry of this Court, namely the Townsville registrar[2] of the Federal Circuit Court.

   [1] sic

   [2] sic

   3.  For such further or other order as to this Court seems fit.

   4.  That the first respondent to this application in a case namely Ms Phelps pay the applicant’s costs of and incidental to this application.

3. The First Respondent, the substantive Appellant, has filed a Response seeking that the Application in a Case should be dismissed. 

Submissions

1. It is the Applicant’s contention, set out in the Applicant’s Case Outline, that the Court has no jurisdiction to hear the Appeal, as it does not relate to a question of law. Instead, he contends that the Appellant is seeking to challenge the findings of…