P v Child Support Registrar [2012] FCA 1398

FEDERAL COURT OF AUSTRALIA

P v Child Support Registrar [2012] FCA 1398 Citation: P v Child Support Registrar [2012] FCA 1398

Appeal from: The Father v Child Support Registrar [2012] AATA 396

Parties: P v CHILD SUPPORT REGISTRAR and M

File number: NSD 1051 of 2012

Judge: BUCHANAN J

Date of judgment: 29 November 2012

Catchwords: ADMINISTRATIVE LAW – error of law – failure to observe statutory prohibition

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Child Support (Assessment) Act 1989 (Cth) Child Support (Registration and Collection) Act 1988 (Cth) Family Law Act 1975 (Cth)

Date of hearing: 29 November 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 37

Counsel for the Applicant: The Applicant appeared in person.

Solicitor for the First Respondent: Mr N Gouliaditis of Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent appeared in person.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1051 of 2012

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: P

Applicant

AND: CHILD SUPPORT REGISTRAR

First Respondent

M

Second Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 29 NOVEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is upheld. 2. The matter is remitted to the Administrative Appeals Tribunal to be further determined according to law. 3. The first respondent is to pay the costs properly incurred by the applicant bearing in mind his status as a self-represented litigant. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.