Zammit and Taffey and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

ZAMMIT & TAFFEY & ANOR [2016] FCCA 211

Catchwords:
CHILD SUPPORT – Administrative Appeals Tribunal – whether the Tribunal failed to apply the correct test – whether the Tribunal’s findings were against the weight of the evidence – no jurisdictional error – application dismissed.

Legislation:

Child Support (Registration and Collection Act) 1988, ss.110K, 111F

Child Support (Assessment) Act 1989, s.117(2)

Sagal & Child Support Registrar & Anor (SSAT Appeal) [2013] FCCA 51
LDME & JMA (SSAT Appeal) [2007] FMCAfam 712
Australian Postal Corporation v Hughes [2009] FCA 1057

Humphries & Berry (SSAT Appeal) [2008] FMCAfam 409

Appellant: MR ZAMMIT

First Respondent: MS TAFFEY

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: ADC 1844 of 2013

Judgment of: Judge Kelly

Hearing date: 13 April 2015

Date of Last Submission: 13 April 2015

Delivered at: Adelaide

Delivered on: 9 February 2016

REPRESENTATION

Counsel for the Appellant: Dr R Gray

Solicitors for the Appellant: Robert Chrzaszcz & Associates

Counsel for the First Respondent: Dr R Savvas

Solicitors for the First Respondent: Southern Community Justice Centre

Counsel for the Second Respondent: Ms D Smith

Solicitors for the First Respondent: Child Support Registrar

ORDERS

1. The Notice of Appeal filed 25 July 2014 (as amended on 31 March 2015) is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Zammit & Taffey & 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 ADELAIDE

ADC 1844 of 2013

MR ZAMMIT

Appellant

And

MS TAFFEY

First Respondent

And

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

1. Before the Court is the Appellant’s Amended Notice of Appeal filed 31 March 2015.  The Appellant seeks to appeal the decision pronounced by the Social Security Appeals Tribunal (“SSAT”) where the Tribunal set aside a decision of the Child Support Registrar and substituted a new decision as follows: 

   1That for the period 23 July 2013 to 30 September 2015 the Appellant’s adjusted taxable income be set at $112,000 per annum.

2. The Appellant asserts that the SSAT made an error of law in pronouncing its findings.  Both the First Respondent and the Second Respondent (the Child Support Registrar) argue that there was no error of law and the decision of the SSAT should stand.

Background

1. The background facts are taken from the SSAT reasons and are not in dispute. The Appellant and the First Respondent are parents of the child X, born (omitted) 2003.  The parties separated in July 2012.  X remained in the First Respondent’s care after separation and she sought a Child Support Assessment shortly after separation.  

2. In 1999 the Appellant established his company (omitted) Pty Ltd (the company) and the Zammit Family Trust (the Trust), with (omitted) P/L as the Trustee. The Appellant operated his business, (business omitted), through the Trust.  The Appellant operated this business during the parties’ relationship and continued to work in the business since separation.

3. The Appellant held the position of sole Director and Secretary of…