Mercer v The Child Support Agency [2004] FCA 465

FEDERAL COURT OF AUSTRALIA

Mercer v The Child Support Agency [2004] FCA 465 ADMINISTRATIVE LAW – child support – absence of registered maintenance liability - decision of the Registrar of the Child Support Agency to repay child support to payer – whether payments are debts owed by the payee to the Commonwealth pursuant to s 79 of the Child Support (Registration and Collection) Act 1988 (Cth) – previous successful defence by payee of an application under s 143 of the Child Support (Assessment) Act 1989 (Cth)– person affected to be heard PRACTICE AND PROCEDURE – whether Federal Court has jurisdiction to grant relief – whether Federal Court's jurisdiction under Administrative Decision (Judicial Review) Act 1977 (Cth) and s 39B Judiciary Act 1903 (Cth) ousted Child Support (Registration and Collection) Act 1988 (Cth) ss 4, 24, 24A, 26, 30, 75, 76, 79, 113, Division 2, Part III Child Support (Assessment) Act 1989 (Cth) ss 5, 24, 25, 31, 79, 99, 107, 143, Parts IV, VIA, VII & VIII Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 19, Schedule 1 Judiciary Act 1903 (Cth) s 39B Family Law Act 1975 (Cth) s 96(4)(a) Federal Magistrates (Consequential Amendments) Bill 1999 Family Law Rules 1984 O 32 r 22 Pearce v Button (1986) 65 ALR 83 referred to Whim Creek Consolidated NL v Colgan (1991) 103 ALR 204 referred to Hutchins v Commissioner of Taxation (1996) 65 FCR 269 referred to Century Yuasa Batteries Pty Ltd v Federal Commissioner of Taxation (1997) 143 ALR 477 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Thomson Australian Holdings Pty Ltd v The Trade Practices Commission (1980-1981) 148 CLR 150 cited Child Support Registrar v Z (2002) 167 FLR 190 considered Magrath v Goldsbrough, Mort and Company Limited (1931-1932) 47 CLR 121 cited Shergold v Tanner (2002) 209 CLR 126 cited Saraswati v The Queen (1990-1991) 172 CLR 1 referred to