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AAT or Federal Magistrates Court



The SSAT have said that I cannot appeal this decision at AAT that I have to go to the Federal Magistrates court on a matter of law. I was told I could appeal the decision to the AAT. Any comments. Thanks
annie said
The SSAT have said that I cannot appeal this decision at AAT that I have to go to the Federal Magistrates court on a matter of law. I was told I could appeal the decision to the AAT. Any comments. Thanks
 

Possibly…. it could end up costing you far more to bring the appeal than it would in CSA payments until the incomes are next assessed??

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority



Maybe but the FMC is only $168 for an application i think where the AAT was $680 so maybe it is cheaper. I just don't like the FMC as they never make a decision it is always come back and back and back and still no deicision…but more money for everyone else and none for me!!
Annie - Have a chat to the AAT or down load their form and put in an appeal (easy to fill out and you can fax it back) and see what they say.

They can only say no.

The AAT states that if you are unhappy with any Federal Government agency's decision, they will review it. Even if you think that the SSAT did not give you a fair go or appropriate procedural fairness.

I did so and the case was accepted and have not been told of any costs.


Thanks, I had completed the form so i might just send it in.

AAT Appeal

I did so and the case was accepted and have not been told of any costs.
I would be interested to know the reason for your case being accepted.  Not your case details of course, just how you applied. My parnter's case wasn't.  Perhaps I didn't know what I was doing :) The letter stated:  'There does not seem to be any section in Child Support Assessment Act that gives the tribunal power to review the decision.'  Perhaps I should try again.

Thanks, I had completed the form so i might just send it in.
Have you sent your form in yet? And has it been accepted?

Hi

No I have not sent the form because I cannot get the decision off the SSAT and since doing some digging it was actually CSA who changed the care arrangements not the SSAT like CSA had told me previously. I have the Commonwealth Ombudsmen looking into why the SSAT will not give me the decision. I can only take it to the FMC not the AAT but apparently it is free to go to the FMC.
apparently it is free to go to the FMC
I did read that as well on FMC website, somewhere….been trying to find it since.  SSAT appeals are also heard by specialist child support panel members in each state.

I am also starting to question why the AAT cannot review cases.  What can they review??
With regards to CSA and this is only a phone operator the AAT can review changes of care made by the SSAT that is why they said yes to me in the beginning. In my case and maybe I am not being fair but I do not believe the SSAT had any experience whatsoever and with the constant doors closing trying to find out why they dropped the amount to 0, I am starting to believe they really did do something wrong.

The FMC is definately free to go for CSA matters. I was wondering if they would take the application without the decision attached. Maybe the SSAT would have to defend it and bring it along but what question of law has been broken when I have not seen it.

Subpoena SSAT

Maybe the SSAT would have to defend it and bring it along but what question of law has been broken when I have not seen it.
You could subpoena SSAT.  That would include all notes on how they arrived at the decision, and you have your information.  But that still doesn't give you a copy before filing papers.
Justice - I stated in my application to the AAT that I did not believe that the SSAT considered all the evidence presented, and that the SSAT directed the questioning process in a way that did not allow relevant evidence to be obtained. The issue is over care percentages and the interpretation of court orders.

I have a case conference coming up very soon which should provide more valuable information.

Annie - It might be easiest and quicker to look up section 116 of the Child Support (Assessment) Act 1989 and see if you can apply to the court for a departure order.
 
The issue is over care percentages and the interpretation of court orders.
In my case, the SSAT did not consider all the facts when determining the decision.  Both you can Annie have care percentages included in your appeal.  Am I interpreting it correctly that this is the only decision AAT can review?  Is 'not allowing relevant evidence to be obtained' the same as not considering all the facts?  I am just wondering if I should appeal the refusal by AAT?

 I have a case conference coming up very soon which should provide more valuable information.
I would be interested to know of your outcome.

I am back to objecting through the CSA on care percentages and so is my ex which when you were assessed at paying $0 you would think he would just be quiet. CSA must be sick of us. There is a Legal Aid section just for CSA that I phoned and they are going to phone back. I do not understand why I cannot appeal the decision through the FMC without the decision. I am surprised the AAT refused your appeal. Could you try the FMC? It is free.

We will be back to the SSAT again the way things are heading on the care percentages now.


I am surprised the AAT refused your appeal.
Me too, but I will appeal refusal.

Could you try the FMC? It is free.
I am trying every avenue.
Suggest you go to Austlii website and read some cases. My look is the argumnets foreshadowed above have been founds "fatally flawed".  Suggest you go back to basics if you think decisions are flawed.
My look is the argumnets foreshadowed above have been founds "fatally flawed".
I am not quite following..can you explain your statement please ;)
I suggest people read decisions from the AAT etc before mounting their cases against SSAT decisions.  sorry about the typos.
Here's a link to the AAT decisions section of the AAT website.

Administrative Appeals Tribunal Decisions

Here's a link into the AAT decisions on austlii

AUSTLII AAT decisions

Last edit: by MikeT

Justice,

Conference done. I think the AAT will be very similar to a 12a Family Court Hearing and perhaps less formal than a SSAT hearing. The hearing is to be held in private. Evidence rules are good - can include witnesses. As usual they want a write up of the whole case including evidence up front. I was also informed that most AAT cases are self represented.


Hi Happydaze
Was your case about levels of care?
Thanks
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