He v Secretary, Department of Education, Skills and Employment [2024] FCA 819

FEDERAL COURT OF AUSTRALIA

He v Secretary, Department of Education, Skills and Employment [2024] FCA 819 Appeal from: He v Secretary, Department of Education, Skills and Employment FedCFamC2G [2023] 356

File number(s): QUD 246 of 2023

Judgment of: COLLIER J

Date of judgment: 26 July 2024

Catchwords: ADMINISTRATIVE LAW – construction of s 44(1)(c) of A New Tax System (Family Assistance) Act 1999 (Cth) – meaning of "liability" in context of particular legislation – whether synonymous with responsibility at law – previous orders for payment of childcare support – whether proposed consent orders in Family Court of Australia enforceable as contract

Legislation: A New Tax System (Family Assistance and Related Measures) Act 2000 (Cth) A New Tax System (Family Assistance) Act 1999 (Cth) s 44(1)(c) Child Support (Assessment) Act 1989 (Cth) Family Law Act 1975 (Cth) Income Tax Assessment Act 1936 (Cth) Queensland Law Society Act 1952 (Qld) Legal Practice Act 2003 (WA) Legal Practitioners Act 1898 (NSW) Law Reform (Married Women and Tortfeasors) Act 1935 (UK)

Cases cited: Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd (2021) 272 CLR 33 Selwood v Selwood [2016] FamCAFC 40 Selwood v Selwood [2014] FamCA 531 Membrey v Hall [2019] FamCA 857 Re B v J (1996) 21 Fam LR 186 He v Secretary Department of Education, Skills and Employment [2023] FedCFamC2G 356 Hall v Bonnett [1956] SASR 10 Andrew Koh Nominees Pty Ltd v Receiver & Manager of The Balneum Joint Venture [2007] WASCA 152 Debney v Semerdziev [1982] 2 NSWLR 391 Deputy Commissioner for Taxation v Moorebank Pty Ltd [1987] 1 Qd R 414 Equuscorp Pty Ltd v Short Punch & Greatorix [2001] 2 Qd R 580; [2000] QCA 407 Legal Services Commissioner v Wright [2012] 2 Qd R 360 Re Barber (1845) 14 M & W 720; 153 ER 665 Littlewood v George Wimpey & Co Ltd and British Overseas Airways Corpn [1953] 2 QB 501