Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Whittaker v Child Support Registrar [2000] FCA 1733
CONSTITUTIONAL LAW and ADMINISTRATIVE LAW - application pursuant to s 39B the Judiciary Act 1903 (Cth) for prerogative writs with respect to determinations made by the Child Support Registrar pursuant to Part 6A of the Child Support (Assessment) Act 1989 (Cth) - whether the Child Support Registrar exercises administrative or judicial power
Judiciary Act 1903 (Cth) 39B Child Support (Assessment) Act 1989 (Cth) ss 3, 4, 24, 25, 29, 30, 31, 34, Parts 5, 6A, 7 Child Support (Registration And Collection) Act 1988 (Cth) ss 3, 17, 23, 24, 24A, 30, 43 Administrative Decisions (Judicial Review) Act 1977 (Cth) Acts Interpretation Act 1901 (Cth)
In the marriage of Perryman (1993) 115 FLR 260 referred to Re Dingjan; Ex parte Wagner (1995) 183 CLR 323 cited R v Trade Practices Tribunal; Ex parte Tasmanian Breweries Pty Ltd (1970) 123 CLR 361 referred to HA Bachrach Pty Limited v The State of Queensland (1998) 195 CLR 547; [1998] HCA 54 referred to The Queen v Quinn; Ex parte Consolidated Foods Corporation (1977) 138 CLR 1 discussed Shell Co Australia Ltd v Federal Commissioner of Taxation (1930) 44 CLR 530 cited Cominos v Cominos (1972) 127 CLR 588 referred to Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 referred to Nicholas v The Queen (1998) 193 CLR 173; [1998] HCA 9 cited Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 referred to
MARK ALAN WHITTAKER v CHILD SUPPORT REGISTRAR and DONNA RENNIE WHITTAKER
Q 79 OF 2000 DRUMMOND J SYDNEY (HEARD IN BRISBANE) (VIA VIDEOLINK) 30 NOVEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 79 OF 2000
BETWEEN: MARK ALAN WHITTAKER
APPLICANT
AND: CHILD SUPPORT REGISTRAR
FIRST RESPONDENT
DONNA RENNIE WHITTAKER
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