P v Child Support Registrar [2015] FCA 116

FEDERAL COURT OF AUSTRALIA

P v Child Support Registrar [2015] FCA 116 Citation: P v Child Support Registrar [2015] FCA 116

Appeal from: P v Child Support Registrar [2014] AATA 229

Parties: P v CHILD SUPPORT REGISTRAR and M

File number: NSD 409 of 2014

Judge: KATZMANN J

Date of judgment: 27 February 2015

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) ("AAT Act") in relation to assessment of child support under Child Support (Assessment) Act 1989 (Cth) – whether tribunal failed to give adequate reasons– whether tribunal denied applicant procedural fairness – whether tribunal applied incorrect legal principles – whether tribunal erred by departing from Child Support Registrar's policies – whether there was evidence or material before the tribunal capable of supporting its findings of fact – whether tribunal erred by disregarding certain evidence – whether tribunal's decision illogical or irrational STATUTORY INTERPRETATION – construction of Child Support (Assessment) Act 1989 (Cth) – whether tribunal was bound to determine percentage of care by reference to s 54A(3) of the Act

Legislation: A New Tax System (Family Assistance) Act 1999 (Cth), s 35N(1) Administrative Appeals Tribunal Act 1975 (Cth), ss 35, 36D, 43(1), 43(2), 43(2B), 44, 44(7), 44(8), 46 Administrative Appeals Tribunal (Amendment) Act 2005 (Cth) Child Support (Assessment) Act 1989 (Cth), ss 5, 50, 50(1), 50(1)(a), 50(2), 51, 52, 54, 54A, 54A(1), 54A(2), 54A(3), 54A(4), 54B Family Law Act 1975 (Cth), s 61B, 61DA, 61DA(1), 65DAA, 65DAC, 65DAE Federal Court of Australia Act 1976 (Cth), s 24, 27 Federal Court Rules 2011 (Cth), r 33.29