Child Support Registrar v AFS19 [2021] FCAFC 207

Federal Court of Australia

Child Support Registrar v AFS19 [2021] FCAFC 207 Appeal from: Federal Circuit Court of Australia

File number: VID 182 of 2021

Judgment of: GRIFFITHS, LEE AND WHEELAHAN JJ

Date of judgment: 19 November 2021

Catchwords: FAMILY LAW AND CHILD WELFARE – where parents of a child entered into binding child support agreement pursuant to Child Support (Assessment) Act 1989 (Cth) – where father then objected to the agreement – where objection disallowed both by a delegate of the Child Support Registrar and by the Administrative Appeals Tribunal – where primary judge declared the agreement did not constitute a binding child support agreement pursuant to the Act – consideration of the statutory scheme – scheme concerned with ascertaining the agreement objectively entered by the parties – no role for the Registrar to conduct inquiries or investigations into agreement reached between the parties other than to its form – appeal allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44AAA(1) Child Support (Assessment Act) 1989 (Cth) Pts 4, 5, 6, 6A, 7; ss 4, 35C, 66(8), 78, 79, 80C, 80E, 81, 84, 88, 89, 91, 92, 93, 95, 142, 150A; Sch 1 Child Support Legislation Amendment (Reform of the Child Support Scheme – New Formula and other Measures) Act 2006 (Cth) Sch 5 Child Support (Registration and Collection) Act 1988 (Cth) Family Law Act 1975 (Cth) ss 71A, 90B, 90C, 90D, 90G, 90KA, 90UB, 90UC, 90UD, 90UJ, 90UN, 105(2A), Pt VII Federal Circuit and Family Court of Australia Act 2021 (Cth) s 8 Federal Proceedings (Costs) Act 1981 (Cth) s 6 Explanatory Memorandum, Child Support Legislation Amendment (Reform of the Child Support Scheme – New Formula and other Measures) Bill 2006 (Cth)