Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
P v Child Support Registrar [2014] FCAFC 98 Citation: P v Child Support Registrar [2014] FCAFC 98
Appeal from: P v Child Support Registrar [2013] FCA 1312
Parties: P v CHILD SUPPORT REGISTRAR and M
File number: NSD 2517 of 2013
Judges: PERRAM, PERRY & GLEESON JJ
Date of judgment: 11 August 2014
Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether there was evidence or material before the AAT capable of supporting findings of fact – whether departure from Child Support Agency policies constitutes jurisdictional error – appeal dismissed STATUTORY INTERPRETATION – construction of ss 50, 54A and 54B of the Child Support (Assessment) Act 1989 (Cth) PRACTICE AND PROCEDURE – whether AAT failed to afford procedural fairness – whether primary judge failed to afford procedural fairness
Legislation: A New Tax System (Family Assistance) (Administration) Act 1999 s 35N(1) Acts Interpretation Act 1901 (Cth) s 33 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Child Support (Assessment) Act 1989 (Cth) ss 3, 4, 35, 35A, 36, 40C, 50, 54A, 54B, 54E Federal Court of Australia Act 1977 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Collins v Administrative Appeals Tribunal (2007) 163 FCR 35 Comcare v Etheridge (2006) 149 FCR 522 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Confidential and Child Support Registrar [2013] AATA 426 Confidential v Social Security Appeals Tribunal (2010) 118 ALD 620 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Kowalski v Chief Executive Officer of Medicare Australia (2010) 185 FCR 42 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465 P v Child Support Registrar [2012] FCA 1398 P v Child Support Registrar [2013] FCA 1312 Polec v Staker (2011) 253 FLR 339 Rawson Finances Pty Ltd v Commissioner of Taxation (2013) 296 ALR 307 Re Father and Child Support Registrar [2012] AATA 396
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