Federal Court of Australia
Federal Court of Australia
Child Support Registrar v CDJ22 [2023] FCA 1057 Appeal from: Caton and Osborne (Child support) [2022] AATA 2114
File number(s): VID 350 of 2022
Judgment of: ROFE J
Date of judgment: 6 September 2023
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 made an error of law – whether the tribunal failed to take into account a mandatory consideration – whether tribunal's decision illogical or irrational – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Child Support (Assessment) Act 1989 (Cth) Child Support Legislation Amendment Bill 1998
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Construction Forestry Mining Energy Union v Hadgkiss (2007) 169 FCR 151 Gardner Dairy Industry Authority (NSW) (1977) 52 ALJR 180
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 56
Date of hearing: 21 March 2023, 18 July 2023
Counsel for the Applicant: Ms Z Heger
Solicitor for the Applicant: Sparke Helmore Lawyers
Counsel for the Respondents: The respondents did not appear
ORDERS VID 350 of 2022
BETWEEN: CHILD SUPPORT REGISTRAR Applicant
AND: CDJ22 First Respondent
CDK22 Second Respondent
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