Brock, R.E. v Deputy Child Support Registrar [1995] FCA 414

CATCHWORDS

Administrative Law - acceptance by the Child Support Registrar of an application for administrative assessment of child support - application did not attach proof of paternity satisfying s.29(2) of the Child Support (Assessment) Act 1989 (Cth) ("the Assessment Act") - whether decision to accept the application was amenable to judicial review. Statutory Interpretation - whether the Federal Court should exercise jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 (Cth) in relation to decisions made under the Child Support Scheme - whether adequate provision for review within the meaning of s.10(2)(b)(ii) of the ADJR Act is provided by the Assessment Act and the Child Support (Registration and Collection) Act 1989 - whether discretion to dismiss the application should be exercised. F.J. Bloemen Pty Limited v Federal Commissioner of Taxation (1981) 147 CLR 360 Colpitts v Australian Telecommunications (1986) 9 FCR 52 at 62-64. Edelsten v Minister for Health (1993) 32 ALD 730 Deputy Federal Commissioner of Taxation v Richard Walter Pty Ltd [1995] ATC 4,067 Du Pont (Australia) v Comptroller-General of Customs (1993) 30 ALD 829 Strictly Stainless Pty Ltd v Deputy Commissioner of Taxation (unreported, 5 November 1993) Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 90 ALR 280 Yarmirr v Australian Telecommunications Corporation (1990) 96 ALR 739 Child Support (Assessment) Act 1989 (Cth) - ss.26, 29, 30, 31(1)(d), 99(1), 106, 107 and 108. Child Support (Registration and Collection) Act 1989 (Cth) - ss.24, 34, 80, 83, 87(1), 88 and 104(1). Family Law Act 1975 (Cth) - ss.66X, 66ZA ROGER EDWARD BROCK v DEPUTY CHILD SUPPORT REGISTRAR No G96 of 1995 Davies J 23 June 1995 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No G 96 of 1995 ) GENERAL DIVISION ) BETWEEN: ROGER EDWARD BROCK Applicant AND: DEPUTY CHILD SUPPORT REGISTRAR Respondent Coram:Davies J. Date: 23 June 1995 Place: Sydney MINUTES OF ORDER THE COURT ORDERS: The application be dismissed with costs. NOTE:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.