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CSA takes SSAT to Court and Wins

CHILD SUPPORT Appeal from SSAT consideration of whether Tribunal had power to deal with matter under Part 6A of the Act no application for departure by payee, payer or registrar appeal allowed.

In this case a father initially had his child support reduced by the CSA, based on his new estimate of income.

Subsequently, the mother went to the Social Security Appeals Tribunal (SSAT), which overturned the CSA reduction and made a determination of a higher figure.
 
Then the CSA, not the father, went to the FMC as Applicant with the mother and father as respondents, and rolled the SSAT.

C.S.R & MMB & DEJ [2007] FMCAfam 944 (29 November 2007)
CHILD SUPPORT - Appeal from SSAT - consideration of whether Tribunal had power to deal with matter under Part 6A of the Act - no application for departure by payee, payer or registrar - appeal allowed.

Applicant: CHILD SUPPORT REGISTRAR

Respondents: MELANIE MARGARET BRADBURY & DENNIS EARL JACKS

File number: SYC 5102 of 2007

Judgment of: Sexton FM

Hearing date: 16 October 2007
Date of last submission: 16 October 2007
Delivered at: Sydney
Delivered on: 29 November 2007

ORDERS

(1) The decision of the Social Security Appeals Tribunal, appeal SC222631, dated 15 June 2007, be set aside.

(2) The matter be remitted to the Social Security Appeals Tribunal for re-hearing according to law.
Attachment
I suspect we will see a number of these test cases and from July 1 additional appeals in the AAT.

Executive Secretary - Shared Parenting Council of Australia
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