Federal Court of Australia
Federal Court of Australia
AEF23 v Child Support Registrar [2023] FCA 758 Appeal from: Decision of the Administrative Appeals Tribunal dated 14 December 2022
File number(s): NSD 37 of 2023
Judgment of: JACKMAN J
Date of judgment: 5 July 2023
Catchwords: FAMILY LAW AND CHILD WELFARE – appeal from review decision of the Administrative Appeals Tribunal (Tribunal) of objection decision of the Child Support Registrar concerning annual rate of child support – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal conducted its review fairly and reasonably – Tribunal not under any duty to inquire in the circumstances – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Child Support (Assessment) Act 1989 (Cth) ss 98C, 117
Cases cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 25
Date of hearing: 3 July 2023
Counsel for the Applicant: The Applicant was self-represented.
Solicitor for the First Respondent: Mr T Hillyard of Sparke Helmore
ORDERS NSD 37 of 2023
BETWEEN: AEF23 Applicant
AND: CHILD SUPPORT REGISTRAR First Respondent
AEG23 Second Respondent
order made by: JACKMAN J DATE OF ORDER: 5 JULY 2023
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