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Appeal for SSAT decision

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My hubby decides to appeal SSAT decision in court. We would like to know how much it costs for the applicaiton. Do we need to make a copy of documents during the whole process to every party?
The application fee is nil (Family Law Fees).

Here's  what is says regarding what needs to be filed :

Notice of Appeal - Child Support said
General information

The grounds of the appeal must explain briefly the basis on which the orders are sought.

You must annex a copy of the SSAT's decision or the CSRs departure prohibition decision and the statement of reasons for that decision to the Notice of Appeal. The SSATs decision will usually include the statement of reasons. You may also file a completed financial statement in accordance with the approved form and any further affidavits on which you seek to rely. See Subrule 25A.05(1) and (2). However, further evidence will not normally be admitted on the hearing of an appeal. If you wish to rely on further evidence, you must indicate this on the Notice of Appeal and file an affidavit setting out the additional evidence that is to be relied on.

Unless the Court orders otherwise you must file an appeal from a decision of the SSAT within 28 days of receiving a written statement of reasons for the decision; see Subrule 25A.06(2). You can only appeal a decision of the SSAT on a question of law; for more information, seek legal advice.  You must serve the Notice of Appeal at least 28 days, and any other documents on which you intend to rely at least 21 days before the hearing date. The persons to be served include the respondent, a parent or eligible carer, and the Child Support Registrar. If you are appealing from a decision of the SSAT you must serve the Notice of Appeal (and other documents) on the SSAT within seven days of the day of filing the appeal. See Rule 25A.07.

You must serve on the respondent a brochure called Child Support Applications.

Here's a link to the page that contains the above. This page also has link for the forms. Notice of Appeal - Child Support
Thank you MikeT. I will study about it. I might need your advice again later. I am so depressed here. They tried to say that I did not work for our business so that the income will be increased to my husband's. This is unreal!! How can they come to the conclusion like that when they have no evidence at all??

We provided the evidence including with our correspondence with customers. How could they ignore that??

Appeals against SSAT decisions

Having read through the material it would appear that any appeal on fact is a waste of time. Unless there is a question of law then forget it!
If you feel that you have been unfairly heard or not heard (i.e. the process was procedurally unfair) then the Federal Magistrate is not likely to hear your case or order in your favour. Perhaps I am wrong here but that is my interpretation of the appeal process.
cristianu said
Having read through the material it would appear that any appeal on fact is a waste of time. Unless there is a question of law then forget it!
If you feel that you have been unfairly heard or not heard (i.e. the process was procedurally unfair) then the Federal Magistrate is not likely to hear your case or order in your favour. Perhaps I am wrong here but that is my interpretation of the appeal process.

I believe that if facts have not been reasonably considered then that can be made a matter of law as the facts should be considered to make a just and equitable decision. The CSA/SSAT often partially rely upon Gylseman, the part that I believe they frequently omit is that Gylseman continues to include "Realistic". Here's an extract from Ladd & Child Support Registrar & Anor (SSAT Appeal) [2010] FMCAfam 23 (18 January 2010) that shows this:

Ladd & Child Support Registrar & Anor (SSAT Appeal) [2010] FMCAfam 23 (18 January 2010) said

34 I find the Tribunal misinterpreted the meaning of financial resources when it failed to examine the financial evidence before it in the context of determining what the actual personal financial resources of the appellant really were. This required an analysis of the personal benefits which actually flowed to the appellant from the company from the companys financial records. While I accept Mr Gouliaditis contention that it was a matter for the Tribunal whether or not to include particular liabilities of the company when deciding the extent of the appellants personal financial resources, the Tribunal could not simply disregard those liabilities without explanation, and the loss incurred by the company in that year. I do not accept the submission that the Tribunals approach was consistent with the Gyselman decision, nor that Gyselman should be distinguished because it concerned the debts of an individual. Gyselman makes clear that the assessment of financial resources required to be undertaken must be a realistic one, based on the evidence available.

35 I agree with the appellants counsels submission that on the authority of Gyselman, the interpretation of financial resources in sections 98(1)(a) and 117(4) of the Assessment Act, is a question of law. I find the Tribunal misunderstood the task it was required to undertake to establish the true extent of the financial resources available to the appellant. This was an error of law.

36 It follows that the appeal must be allowed on this Ground.

There is more discussion in regard to this SSAT appeal here.
Thanks Mike. This may prove very useful in my case.
My situation is that I was not advised of the hearing date until the day of the hearing, although I was a party and had provided evidence requested by the SSAT. The tribunal advised me of the hearing via sms on the day of the hearing. I was unwell and was heading to the doctors at the time and did not have my mobile with me.

When I called the SSAT they acknowledge that I was unwell and that the hearing had started without me and that the Member would call if they required any further clarification. This didn't happen. The decision has suggested that my revenues from my business include significant sums that relate to tax refunds received during the year. This information was previously confirmed in the CSA assessment review and included in the materials in front of the SSAT at the time. They have also included sums received from a personal injury claim as income and assessed the whole amount as consultancy fees which has significantly increased my child support liability unfairly.

My question to you is do I have grounds for appealing unfair process due to my illness on the day and not having had a chance to refute some of the claims made by the mother and/or should I focus on the facts being misinterpreted by the SSAT Member? As with most of us going through this type of process the cost on one's health and wellbeing can't be easily measured! I hope you can point me in the right direction. Thanks
cristianu said
My situation is that I was not advised of the hearing date until the day of the hearing, although I was a party and had provided evidence requested by the SSAT. The tribunal advised me of the hearing via sms on the day of the hearing. I was unwell and was heading to the doctors at the time and did not have my mobile with me.

Child Support registration and Colletions Act 1988 Section 103A said
103A  Arrangements for hearings
   (1)   The SSAT Executive Director must fix a day, time and place for the hearing of a review of a decision if:
   (a)   an application is made to the SSAT for review of the decision; and
   (b)   the parties to the review do not reach an agreement before a hearing of the review is to begin; and
   ©   the SSAT Executive Director has not already done so at a pre hearing conference.
   (2)   The SSAT Executive Director must give the applicant and any other parties to the review written notice of the day, time and place fixed for the hearing of the application.
   (3)   The notice under subsection (2) must be given a reasonable time before the day fixed for the hearing.

I'd suggest that you phone SSAT and explain that as per their interpretation of section 103A you are given them reasonable time to respond in person to this topic. :)

Sorry, yep they have most certainly not acted properly. However I don't think that this was necessarily prejudicial, although it may well have been intentional to thwart a fair hearing. I'd suggest that a complaint be made to the Ombudsman and to the Minister for DHS (Tanya Pliberesk) and to your local Federal MP as their has most definitely been a breach of section 103A(3). Obviously, again, if any of the parties disagree they will obviously reply accordingly in a reasonable time. :)

I'd suggest that although procedural fairness may not have been given (I don't think a conference is mandatory) the issue you have is with the decision made and that should be your priority. I'd suggest having a look at the previously mentioned discussion on Ladd, which will point you to some other cases (Voss and Ryan) which may also include pointers. I'd also suggest having a look on austlii, under the Federal Magistrates Court of Australia - Family Law for decisions that mention SSAT, these might produce other pointers. Note that you only have 28 days from notification of the SSAT decision to apply to court (application is free).
petit diable said
… They tried to say that I did not work for our business so that the income will be increased to my husband's. This is unreal!! …
Can you explain exactly what you mean please. I assume that your husband is a 'Payer' for purposes of the child support scheme and that he has his own business. You are his current partner and have not been working in that business but you have had some funds come in which has been adjoined and added to his income .. Is that correct?


Executive Secretary - Shared Parenting Council of Australia
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Sorry that I may not explain clearly about situation. What I concern is that how I can explain the situation in public without abuse anyone's privacy. The fact is I am an active partner to our business. We have 2 lines of business. Last year, my work input was more than my husband's. However, CSA mentioned that I did not work at all in our business which was against the evidence we provided. For this reason, we made complaints, requested the CSA to provide us the reason or evidence. We did not receive the answer.

SSAT decision accepted that I work with the first line of business but not the second one. This decision is against the evidence we provided to the SSAT that I work in both lines of business. The reason that we need to appeal this decision is that my work input to this business will become my husband for the next 10 years. It will be like we are punished/accused to be guilty by this system for the next 10 years.

My husband wants to pay child support. However, he wants the CSA to allow him to support his child during his care too. I could feel his pain when the child's birthday or on Christmas day that he could not afford to buy gifts for his child.
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