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Recent Family Law Judgments - SSAT (Child Support) 1. Laurie & Child Support Registrar & Filho [2008] FMCAfam 1286 (28 November 2008) 2. Conway & Child Support Registrar & Clivery (SSAT Appeal) [2008] FMCAfam 896 (28 October 2008) Catchwords: CHILD SUPPORT - Appeal from decision of SSAT - appeal against decision of Child Support Registrar to register orders made in the Family Court on child support register. Date Delivered: 28 October 2008 Before: 89 Legislation Cited: Child Support (Registration and Collection) Act 1988, ss.37, 71A Child Support (Assessment) Act 1989, ss.123, 124 Family Law Act 1975, s.66E Cases Cited: Jurisdiction Federal Magistrates Court 3. Conway & Child Support Registrar & Clivery (SSAT Appeal) (No.2) [2008] FMCAfam 985 (28 October 2008) Catchwords: CHILD SUPPORT - Appeal from decision of SSAT - issue regarding the income of the applicant and whether the payer should contribute to private school fees - whether error of law in the way the SSAT treated interest under a Trust. Date Delivered: 28 October 2008 Before: Cth Legislation Cited: Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Cases Cited: Jurisdiction Federal Magistrates Court 4. Angus & Lundie (SSAT Appeal) [2008] FMCAfam 1142 (22 October 2008) Catchwords: CHILD SUPPORT - Appeal regarding child support - SSAT - procedural fairness - whether SSAT failed to provide appropriate opportunity to be heard - opportunity to fax document. Date Delivered: 22 October 2008 Before: Cth Legislation Cited: Child Support (Registration and Collection) Act 1988, s.110B Child Support (Assessment) Act 1989, s.117(4) Cases Cited: Jurisdiction Federal Magistrates Court 5. Tyagi & Meares (SSAT Appeal) [2008] FMCAfam 886 (20 August 2008) Catchwords: CHILD SUPPORT - Appeal from SSAT - Departure Application - determining income amounts - meaning of 'just and equitable' - relevant considerations - retrospective departures. Date Delivered: 20 August 2008 Before: 88 Legislation Cited: Cases Cited: Jurisdiction Federal Magistrates Court 6. Whitford & Seyler [2008] FMCAfam 849 (12 August 2008) Catchwords: CHILD SUPPORT - Appeal from decision of SSAT - payer appealed from decision of Registrar to fix child support income amount at the cap where assets had been liquidated and significant lump sum available - no lump sum order sought be payee - principles for determination of appeal - error of law established - whether Court should embark on fact-finding exercise - whether orders should be made as consequence of finding of error of law. Date Delivered: 12 August 2008 Before: 84 Legislation Cited: Child Support (Assessment) Act 1989, ss.42, 98B, 98C, 117, 118, 123A & 124 Child Support (Registration and Collection) Act 1988, ss.103T, 110B, 110F, 110G & 110K Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 Cases Cited: Jurisdiction Federal Magistrates Court 7. Child Support Registrar & Hill (SSAT Appeal) [2008] FMCAfam 708 (14 July 2008) Catchwords: CHILD SUPPORT - Appeal from determination of SSAT - whether provisions of NSW Limitation Act apply to bar or extinguish child support debt and penalties - principles to be applied on appeal. Date Delivered: 14 July 2008 Before: 70 Legislation Cited: Child Support (Registration and Collection) Act 1988 (Cth), ss.13, 14, 30, 44, 67, 68, 80, 89, 110B, 110F, 110G, 110K Judiciary Act 1903 (Cth), s.64, 78B, 79 Administrative Appeals Tribunal Act 1975 (Cth), s.44 Limitation Act 1969 (NSW), ss.10, 11, 14, 18, 63 Limitation of Action Act 1974 (Qld) Income Tax Assessment Act (Cth) The Constitution, s.51(ii) Child Support (Assessment) Act 1989 (Cth) Cases Cited: Jurisdiction Federal Magistrates Court 8. Tasman & Tisdall (SSAT Appeal) [2008] FMCAfam 126 (8 May 2008) Catchwords: CHILD SUPPORT - Appeal from decision of SSAT - appeal on a Date Delivered: 8 May 2008 Before: Cth Legislation Cited: Child Support (Assessment) Act 1989, ss.4; 7B; 8; 8A; 25 Child Support (Registration and Collection) Act 1988, ss.110B; 110E; 110F; 110G Child Support (Assessment) Regulations 1989: Reg 3A Cases Cited: Jurisdiction Federal Magistrates Court 9. Humphries & Berry (SSAT Appeal) [2008] FMCAfam 409 (22 April 2008) Catchwords: CHILD SUPPORT - Appeal from SSAT - duty of disclosure - consequences of lack of disclosure. Date Delivered: 22 April 2008 Before: Cth Legislation Cited: Child Support (Assessment) Act 1989, ss.41, 42 Child Support (Registration and Collection) Act 1988, s.110B Cases Cited: Jurisdiction Federal Magistrates Court 10. Charnock & Bullions (SSAT Appeal) [2008] FMCAfam 36 (15 February 2008) Catchwords: CHILD SUPPORT - Appeal from decision of SSAT - whether approach adopted by the Tribunal in accordance with the Child Support (Assessment) Act - whether amounts to error of law. Date Delivered: 15 February 2008 Before: 36 Legislation Cited: Child Support (Assessment) Act 1989, s.98, 117 Child Support (Registration and Collection) Act 1988, s.110B Cases Cited: Jurisdiction Federal Magistrates Court | Fathers4Equality | this page has been most recently updated on 7 December 2008 | |