Judge Stephen Coates
Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Appeal, Child Support, Departure Determination
Judges: May JStrickland JThackray CJ
Background: The appellant father in this case sought a review of a child support departure determination and a subsequent Social Security Appeals Tribunal decision which both determined an increased taxable income for child support purposes. The father’s appeal to the Federal Circuit Court on this matter was dismissed and the father now seeks to appeal that decision.
[Legal Issue]This was an application for leave to appeal from the dismissal of an appeal from the Social Security Appeals Tribunal which increased the appellant’s taxable income for child support purposes. The application was dismissed with costs. In its judgment, the court analysed and determined a number of significant questions of law arising out of the interpretation of the Child Support (Assessment) Act 1989 (Cth) which would be of interest to family law specialists.
[Court Orders]The appeal application was dismissed. The Court found no error in law by failing to refer to s 117(7A) of the Child Support (Assessment) Act 1989 (Cth).
No issue of procedural fairness arises – Application for leave to appeal dismissed – Appellant father ordered to pay costs.
Catchwords: Appeal, Child Support, Departure Determination
Judges: May JStrickland JThackray CJ
Background: The appellant father in this case sought a review of a child support departure determination and a subsequent Social Security Appeals Tribunal decision which both determined an increased taxable income for child support purposes. The father’s appeal to the Federal Circuit Court on this matter was dismissed and the father now seeks to appeal that decision.
[Legal Issue]This was an application for leave to appeal from the dismissal of an appeal from the Social Security Appeals Tribunal which increased the appellant’s taxable income for child support purposes. The application was dismissed with costs. In its judgment, the court analysed and determined a number of significant questions of law arising out of the interpretation of the Child Support (Assessment) Act 1989 (Cth) which would be of interest to family law specialists.
[Court Orders]The appeal application was dismissed. The Court found no error in law by failing to refer to s 117(7A) of the Child Support (Assessment) Act 1989 (Cth).
No issue of procedural fairness arises – Application for leave to appeal dismissed – Appellant father ordered to pay costs.