Garnaut v Child Support Registrar [2004] FCA 1100

FEDERAL COURT OF AUSTRALIA

Garnaut v Child Support Registrar [2004] FCA 1100 ADMINISTRATIVE LAW – child support – application for order of review of the decision of a delegate of the respondent to disallow an objection – Part 6B of the Child Support (Assessment) Act 1989 (Cth) – limitations of judicial review – change of assessment application – plethora of material – whether delegate of respondent conducted full merits review as required – consequence of decision not being made within sixty days of objection being lodged – whether relevant considerations not taken into account – whether reconsideration by same delegate is a breach of natural justice – whether negligence or breach of statutory duty claim part of same matter – whether arguable case

Administrative Decisions (Judicial Review) Act 1977 (Cth) Schedule 1 Child Support (Assessment) Act 1989 (Cth) ss 65, 98B, 98C(2), 98Z, 98ZA, 98ZB, 98ZC, 98ZD, 98ZE, 98ZH, 98X, 117(2) Wentworth v Rogers (No 5) (1986) 6 NSWLR 536 referred to Waterford v Commonwealth of Australia (1986-1987) 163 CLR 54 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to PATRICIA ANNE GARNAUT v CATHERINE ARGALL, CHILD SUPPORT REGISTRAR No Q 107 of 2003 SPENDER J BRISBANE 25 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 107 OF 2003

BETWEEN: PATRICIA ANNE GARNAUT

APPLICANT

AND: CATHERINE ARGALL, CHILD SUPPORT REGISTRAR

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 25 AUGUST 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for an order of review be dismissed. THE COURT DIRECTS THAT: 1. The respondent file and serve any submission with respect to costs within seven days. 2. The applicant file and serve any submissions with respect to costs within fourteen days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.