CDL19 v Child Support Registrar [2021] FCA 689

Federal Court of Australia

CDL19 v Child Support Registrar [2021] FCA 689 Appeal from: CDL19 v Child Support Registrar [2020] FCCA 385

File number: SAD 47 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 28 June 2021

Catchwords: FAMILY LAW AND CHILD WELFARE – decision to issue a departure prohibition order against the appellant under s 72D of the Child Support (Registration and Collection) Act 1988 (Cth) in relation to a child support debt – appeal from judgment of Federal Circuit Court of Australia dismissing an appeal under s 72Q of the Child Support (Registration and Collection) Act 1988 (Cth) – whether primary judge misconstrued s 72D – whether primary judge correctly apprehended the nature of the appeal – whether the original-decision maker exercised the power for an improper purpose – whether the decision-maker was obliged to afford procedural fairness – whether it was a precondition to the exercise of the power to be satisfied that the person subject to the order had the present capacity to repay an outstanding child support debt in full

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 13 Child Support (Registration and Collection) Act 1988 (Cth) ss 17, 72D, 72E, 72I, 72Q, 72X, 116 Family Law Act 1975 (Cth)

Cases cited: CDL19 v Child Support Registrar [2020] FCCA 385 Jones v Child Support Registrar [2007] FCA 1732 Minister for Immigration and Ethnic Affairs v Conyngham (1986) 11 FCR 528 Shaw v Yarranova Pty Ltd (2017) 252 FCR 267 Whittaker v Child Support Registrar [2010] FCA 43; 264 ALR 473 Whittaker v Child Support Registrar [2010] FCAFC 112