EBZ20 v ECA20 [2022] FCA 1098

Federal Court of Australia

EBZ20 v ECA20 [2022] FCA 1098 Appeal from: Oliver v Oliver [2021] FCCA 965

File number: VID 304 of 2021

Judgment of: SNADEN J

Date of judgment: 19 September 2022

Catchwords: ADMINISTRATIVE LAW – appeal from the Federal Circuit Court of Australia – judicial review – child support – where mother successfully sought departure from child support assessment – where father unsuccessfully objected to departure determination – where father appealed objection decision and departure determination to Administrative Appeals Tribunal – appeal dismissed by primary judge – whether primary judge affected by actual bias – whether primary judge erred in failing to make factual findings – whether mutual expectation as to children's schooling was sufficient to constitute a ground for departure – whether primary judge erred in not concluding that the Tribunal erroneously applied the father's earning capacity as a ground of departure – factors to be considered in just and equitable determination – appeal dismissed

Legislation: Child Support (Assessment) Act 1989 (Cth) pt 6A - ss98B, 98C, 98F, 98S, 117 Child Support (Registration and Collection) Act 1988 (Cth) ss 80, 87, 89 Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44AAA

Cases cited: Comcare v Etheridge (2006) 149 FCR 522 Concrete Pty Ltd v Paramatta Design & Developments Pty Ltd (2006) 229 CLR 577 Forbes v Bream (2008) 222 FLR 96 Kolya v Tax Practitioners Board (2012) ATR 474 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Oliver v Oliver [2021] FCCA 965 Yildiz v Migration Agents Registration Authority [2021] FCA 1550