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A question of Jurisdiction

When are Child Support related matters, not, in the Jurisdiction of the Family Court or the Federal Magistrates Court?
Any child support matter that is covered by the
Child Support (Collection & Registration) Act (Cth) or the Child Support (Assessment) Act (Cth) or the Family Law Act, as they are Federal matters. They fall under the Family Law courts which are the Family Court of Australia (for big expensive cases), Federal Court (maybe, but not usually)and chiefly the Federal Magistrates Court.

The Magi's Court is far cheaper, quicker to get in and more accessible to many people, thus this is why many cases are heard at this level - including SSAT Appeals.

Appeals from Family law matters may be made right up to the High Court, but there is a process and leave to appeal must be granted.

A question of Jurisdiction

Where claims for relief are sort from CSA, a court such as the Family or Federal Magistrates, had the power to examine and determine facts, were not limited by geographic area and the issues did not lack legal foundation, in what instances would a judge consider the relief sort not in the jurisdiction of the above mentioned courts?

CSA having an obvious judicial advantage, could this be the only reason to question jurisdiction?
It is not clear what you mean about 'a claim for relief', or what you are getting at, or exactly what info do you want.

All the legislation that apply to family law matters and child support are heard in any of the family law courts (or AAT or SSAT - depending on the issue). The Acts themselves state what goes where and who can hear what. Go to AustLii and have a read .

The Magi's Court does country circuits to regional centres, so go to their website to find out where and when they are held, but with many child support matters, you still have to go through the CSA hoops first.

Remember SSAT appeals in the Magi's Crt are only on questions of law, not fact.

 

A question of juristdiction

Valere thank you for your posts.

With regards to a claim for relief, I mean to compensation.
For defective administration (by CSA)?
If that's what you mean, there is heaps about the scheme on this website. Just fill in the form, send it in, nag and wait, nag and wait…

If you mean from the other party, there's not much point unless you are going to court on other matters eg. to seek contact and residency orders, you can try to add this in for cost effectiveness. Remember it is an expensive process and will give you heaps of grey hairs

A question of Juristdiction

 Valere

We seem to be getting a little away from the question, when are CS matters not in the jurisdiction of the Family and Federal Magistrates Court?

I am of the opinion that CSA are culpable,corrupt and morally indifferent of persons rights. Any in house dealing with CSA, has been an effort in futility. And yes a lot of grey hairs and emotional stress.

The most success I have experienced is in the Courts, the lesser evil I suppose.

The legal system is daunting and complex, and yes expensive, however if your not the 'payee", the Courts make access to justice a possible reality.

I thank you for your posts.
When are Child Support related matters, not, in the Jurisdiction of the Family Court or the Federal Magistrates Court?

One instance, sort of, is if the child is under welfare care and is therefore outside the scope of being an eligible child (there again the state picks up the tab in such cases).

Otherwise in theory, as the CSA is acting as a court registrar and that decisions can be handled by the FM (generally) courts, whose decision can override the CSA's (although frequently such decisions are often the courts telling the CSA to do their job correctly).

One exception to the previous is the disgusting, surreptitious and child abusive move away, as per legislation concealed, without a published explanation, in the spring 2010 changes, from protecting children's' rights by allowing the CSA to ignore court ordered level of care when the level of care is disputed. Thus in this scenario the CSA can and do exploit children for monetary gain. They also, in this scenario, reward and implicitly condone parents who contravene court orders, basically making a mockery out of court orders.

There are various avenues where the courts can overrule the CSA. Court orders can state that the CSA do not administer child support or specify particulars in regards to child support related issues (although this is rare). You can also take many matters to court under the Administrative Decisions (Judicial Review) Act or for some reasons out side of this (e.g. for a change of assessment in special circumstances). I'd suggest having a good read of section 4.3 of the CSA Guide for an overview and then having a look at the legislation.

Here's a link to section 4.3 of the CSA Guide. The CSA Guide - 4.3: Court applications, appeals and orders
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