Webb v Child Support Registrar

[2004] HCATrans 70

[2004] HCATrans 070

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S302 of 2003

B e t w e e n -

EDWARD JOHN BROWNLOW WEBB

Applicant

and

CHILD SUPPORT REGISTRAR

Respondent

Application for special leave to appeal

CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 12 MARCH 2004, AT 12.52 PM

Copyright in the High Court of Australia

MR E.J.B. WEBB appeared in person.

MR P.M. CONNOR:   May it please the Court, I appear for the respondent.  (instructed by Australian Government Solicitor)

CALLINAN J:   Yes, you proceed, Mr Webb.

MR WEBB:  Yes, your Honour.  Thank you for considering this sad case, which keeps going on through the courts.  This case is about additional child support, additional to the formula.  The applicant usually pays additional child support above the standard percentage.  At one stage there I was paying the standard percentage and additional to the mother, and then paying as well the children’s private school fees, which was obviously substantially over the assessment.  One issue today is that I understand the respondent has applied for extra time to answer the ‑ ‑ ‑

CALLINAN J:   Do not worry about that.  You just proceed with your submissions.  We will deal with any application by him when it is made. 

MR WEBB:   Thank you, your Honour.  A lot of the problem was that way back right with the Magistrates Court, as you will see in the applicant’s authorities, they did not send me any statements for well over a year and then took me to court.  That very same day, the day that they actually told me how much money they wanted, they insisted that that go to trial.  They did not serve papers on my solicitor, and, the time before that, they did not serve papers on me.  As is in their response, they say that none of us turned up at court, which in fact was correct, but I continually ask for affidavits of service and they do not supply them.  This is in the application book about page 32, somewhere there.  Sorry, I am nervous.

CALLINAN J:   Just do not worry, Mr Webb.

MR WEBB:   Thank you.  I think your name is Justice Callinan.  Thank you very much, your Honour.  Anyway, somewhere in the documents here they say that there was a court hearing and I was not there.  That is right, but I think that was the one case that I was not there.  You know, I was always there, and I have obviously been now before a single judge and before the Full Court in the Family Court and right up here today to your Honours here. 

I have had to do this without legal aid, because right back in the early days – in the applicant’s authorities there, right at the back of that – you will notice that a number of times in that original magistrate’s case I asked, could I contact my solicitor, Justin Dowd, or could I seek legal advice, and continually Magistrate Schurr, I think her name was, said no, that I could

not have legal advice.  So I have had to come right up through the courts without that, even though I apologised to her for not having legal aid, not having legal assistance.  A number of times I have said, “Can I please have legal advice?”  So I have had to battle along.

So it seems – and I think I have written all those big words about being unjust, unfair, inequitable, for years.  As the Child Support Agency agreed, from 19 December 1999 to 17 August 2001, I was not sent any statements.  That 17 August 2001 was a Friday, and then on the Monday, 20 August, so even if they did send me something on the Friday, logically it just could not get there in the mail, and that was well over a year, over 18 months.  So then they came to court on the Monday and told me how much they wanted, and insisted on it.  I am sorry, it just does not seem fair.  I am sorry it should be here before you, but I am trying.

I continually offer to pay the money that will go to the children.  They are lovely children, we are lucky to have lovely children, and I continually offer to pay the money that will go to them, and again I think that is recorded in Magistrate Schurr’s printout.  But they keep insisting on more money.  You know, here they are with a barrister and a solicitor, and, as I say, Magistrate Schurr told me I have just got to do it all myself, so I am sorry.  Thank you for listening.

CALLINAN J:   Thank you, Mr Webb.  We need not trouble you, Mr Connor. 

This is an application for special leave to appeal from a decision of the Full Court of the Federal Court.  The applicant needed leave to appeal to that court.  It seems to us that, in dealing with the application for leave there, the Full Court applied the correct principles and, indeed, did embark upon a consideration of the merits of the applicant’s case.  In the circumstances, there is no reason to doubt the correctness of the decision of the Full Court of the Federal Court and the application must be dismissed with costs.  Call the next matter. 

AT 12.59 PM THE MATTER WAS CONCLUDED