Graham, Lynn v. Commissioner for Superannuation [1981] FCA 102

CATCHWORDS

Administrative Decisions (Judicial Review) Act 1977 - Request for Payment of Maintenance Arrears out of Husband's Superannuation Entitlement - Decision of Commissioner of Superannuation That no Power - Question of Law - Meaning of

Decision - Discretion to Decline Jurisdiction under s.10(2)

Secns 3(1) 5 and 10 Administrative Decisions (Judicial Review)

Act 1977 Secns 118, 119 Superannuation Act 1976 Regn 134(4)(b) Family Law Regulations 1975

0.54, r.4 Federal Court Rules

LYNN GRAHAM v_ COMMISSIONER FOR SUPERANNUATION

No. ACT G7 of 1981

Coram: Fox ACJ 23rd June, 1981

Canberra

i» Pe AM One,

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. ACT G7 of 1981 DISTRICT REGISTRY

Se

GENERAL DIVISION

LYNN GRAHAM Applicant

COMMISSIONER FOR SUPERANNUATION Respondent

Coram: Fox ACJ

23rd June, 1981

Canberra

This is an application under the Administrative

Decisions (Judicial Review) Act 1977.

The applicant relies upon s.5 of that Act. There has been a challenge to the competency of the application filed on behalf of the respondent Commissioner for Superannuation. The notice of objection to competency relies upon three matters, namely that there was not a decision, that it was not of an administrative character, and that it was not made under an enactment. Counsel for the Commissioner has told me that he does not rely upon the last two of these grounds, so that the objection to competency only goes to the question whether

there was a decision,

The applicant obtained a decree nisi for dissolution

of her marriage on 8 April 1980. On 8 October of that year a

a te a a ee ETE — — -

judge sitting in the Family Court at Canberra ordered inter alia that her former husband pay maintenance for the support of two children of the marriage in the sum of $20 per week each. It was ordered that the payments were to be made to the Collector of Maintenance at Canberra for payment out to the