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I have just gone through the reasons for Judgment made by the FM. Wow what a job, do I lodge an appeal before this Thursday or should I take the matter up with a Compensation claim.?

Document 1 attached is my submissions to the FM courts on what I thought should have been an error of law.

Document 2 is the reason for judgment and I have made notes through the findings in red.

Hope that someone can give me some direction on which way to go.

Thanks



Attachment



Attachment
My two bobs worth Taylor, your submissions did not hit the mark, which is why the FM made the decision he did.

Submissions need to be concise,  detailed and provide the law and case law which will have the adjudicator lean towards you. Show the decision maker why they should go with your argument.

I can see some errors (minor) that may allow an appeal, but if you were to appeal you would need to work on your submissions, you need to think in the third person

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
Thanks LP. Can you tell me what those errors would be as I need to get things rolling.
I forget to mention in my notes that I did ask the SSAT at the hearing that if they required further documents to back up claims, would I be able to supply them and this was also noted in court as well and verified by the other parties.


The points that I can see are:- 17: Tasman & Tisdall. That no consideration has been taken into account, all 5 points.

18: unless the finding of the facts is made in the absence of evidence to support it, That is an error of law.

21: The failure of the SSAT to supply my tax returns as per s110K

28: Such errors based on the evidence before them and that refers back to point 18.

32: The FM said the SSAT had unsatisfactory evidence. Refers back to points 28 & 18.

35: I was not asked to provide share trading documents as they were outside of the time frame asked at the pre hearing.

40: All the information said in court, only 1 point was mentioned by FM.

41: That my accountant had made a mistake in doubling up on interest.

43: The FM had no regard to what commitments are necessary to enable a parent to support himself.

44: Not possible for the SSAT to determine what my income was. Refers back to point 32.

47: SSAT had no consideration to debtors.

50, 51 & 52: Wrong accounting done by the SSAT and all that was covered in court, where is the procedural fairness there.

Points 59, 60, 61 They all say that there is not such a magnitude to amount to an error of law. Three little bits there, plus the interest that the accountant had made wrong, they all start adding up. Plus the fact that the new child was not taken into consideration as a deduction in the assessment. And the discrepancy about the there workings out of my wages/drawings.
You are coming in with a scattered shot gun approach, if it were me I would be looking at point III is Tasman & Tisdale.

Limit your argument to what is relevant and likely otherwise you could be up for a whole lot of costs being awarded against you.

A good link for submissions to read in an educational context can be found at http://www.nswbar.asn.au/docs/professional/prof_dev/BPC/course_files/Written%20Submissions%20-%20Adamson%20SC.pdf


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
As Melbournedad said:- http://www.familylawwe...p&kfs26=0&start=0

FM didn't bother reviewing the extensive documentary evidence, ignored the exhibits put forward during the trial and made orders based solely on the other parties evidence.

Mason J stating in Mallet v Mallet (1984) FLC 91-507, "[t]he section contemplates that an order will not be made unless the court is satisfied that it is just and equitable to make the order (s.79 (2)), after taking into account the factors mentioned in (a) to (e) of s79 (4). The requirement that the court 'shall take them into account' these factors imposes a duty on the court to evaluate them. Thus, the court must in a given case evaluate the respective contributions of husband and wife under paras (a) and (b) of sub s.(4), difficult though that may be in some cases."

Does this law have any weight in my claims?
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