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Post #54537 by PaulG on February 28th 2019, 10:13 AM (in topic “AAT decision wrt to redundancy”)

AAT decision wrt to redundancy:

Thanks so much MikeT. I need to disgust your invaluable advice and I may come back with a few questions. Again thanks.

As to my strategy to establish a right to appeal I understand that for a Reason 8 determination, that the CSA and the AAT needs to follow a four step approach, being:

  1. Firstly establish that maintaining the administrative assessment is unjust and inequitable.
  2. Secondily, they need to establish the grounds for departure.
  3. Thirdly, they need to establish that the departure is just and equitable.
  4. Finally, they need to establish that the departure is otherwise proper.

In my case before the AAT the member did not deal with the steps 1 and 2. Instead he articulated a decision and proceeded to establish it was a just and equitable and so on.

I believe that the member erred in law bu skipping the first 2 steps.

Is this error at law my strategy to initiate an appeal? Thereafter I need to establish the strategy of my case, which you have helped with.

Thanks

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Post #54534 by PaulG on February 22nd 2019, 4:06 PM (in topic “AAT decision wrt to redundancy”)

AAT decision wrt to redundancy:

Thanks, with regards to the comments about when to inform the CSA, rolling into super, tax treatment of the redundancy payment, etc. i don't see that it matters too much. As soon as the CSA knows your redundant because your ex-wide tells them, they get the Employment Termination Certificate immediately from the ATO and they know. I provided an updated income estimate after I was made redundant. That also kicked off the whole saga.

The.CSA sent the AAT 900 pages of investigation material about me. They had retrieved all my tax info, overseas travel entails from immigration, bank and credit card statements. They were on a real witch hunt.

The CSA made two decison on this matter and third decision by the AAT. Each decision was completely different on how to treat the redundancy. So I can only assume that with wildly varying decisions there is no formal way of treating a redundancy payment.

I'll have a look at MikeTs article, but in the first instance I'm looking fo4ways to raise a question of law to get this to the Federal Circuit Court.

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Post #54530 by PaulG on February 22nd 2019, 10:00 AM (in topic “AAT decision wrt to redundancy”)

AAT decision wrt to redundancy

Hi,

I have had an adverse decision, by the AAT, made about my redundancy payment; and I am considering my strategy for appeal to the Federal Corcuit Court. I seek your advice.

Basically I had argued that my redundancy payment should be treated as ordinary income in the financial year in which it was earned. That the CS Act did not deal specially with redundancy payments, and that there was no legal precedence on the treatment of redundancy; and that “just and equitable” did not offer a licence to make any decision that the tribunal likened.

During the hearing the member didn’t really argue with my point. He did offer that other legislation, like the Social Security Act, did deal with redundancy. I rebutted that was a different act and not the governing act of this case.

They decided that my redundancy payment should be prorated as my income until the termination of my child support case, being many years.

In their written decision, the member didn’t state a reason or justification of their decision with the exception of saying that the decison is “just and equitable”.

Therefore, could I appeal to the FCC on a question of law because the member did not establish a reason for departure? And that being “just and equitable” is not a reason in its own right, but rather a final check and balance?

And that for a Reason 8 departure, the tribunal also needs to establish that an administrative assessment is firstly unjust and inequitable before they establish a proper reason, and then finally establish that their decision was just and equitable? The member did not establish the admin assessment was unjust and inequitable to begin with.

Any advice welcome.

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Post #54456 by PaulG on December 6th 2018, 9:32 AM (in topic “CSA - The incantations”)

CSA - The incantations:

Hi,

I am before the AAT over the treatment of a redundancy payment. The way I see it is that given the Child Support (Registration and Collection) Act does not deal directly with redundancy payments, then precedent decisions before the full court of the Family Court are the ONLY determination of redundancy payments.

However I cannot find any in the austilli database.

Can anyone offer case law under the CS Act wrt to redundancy? Either supportive or unsupportive?

Thks

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Post #54455 by PaulG on December 6th 2018, 8:59 AM (in topic “Privacy”)

Privacy:

Thanks Cheese

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Post #54436 by PaulG on October 20th 2018, 11:26 AM (in topic “Privacy”)

Privacy

The CSA has provided myself, and I presume has provided my ex, with a folio of information relating to a COA and Objection process. I have an application before the AAT.

My personal and confidential information provided includes:

- bank statements with account and address details redacted, but otherwise includes all my transactions including identification of accountants, lawyers, advisers, etc.
- identification of my accountant contact details
- Tax returns, not just the Notice of Assessment but the whole detailed return.

I did not provide the above data to the CSA. These are the artifacts that the CSA has gathered in their investigations.

Although I consider the above information to be personal and confidential; and that the release of this information to my ex to cause serious harm to myself; has the CSA breached their privacy obligations by providing this particular information to my ex?

Under The Privacy Act 1988, is the information above consider personal data?

Is the release of my data an "eligible data breach" under the Privacy Amendment (Notifiable Data Breaches) Act 2016? 

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Post #51243 by PaulG on July 31st 2014, 6:00 AM (in topic “Property Settlement - What would be the percentage split”)

Property Settlement - What would be the percentage split:

If you can settle this without going to court, do so! Even if that means you increase the percentage say 5-10% more. 70/30 is a sweet deal to not go to court. take it fast!!!

There is a massive opportunity cost, financial and emotional cost in going to court. The court system is lengthy and for males, unfair. You'll meet the scum of the earth in the way of family law lawyers, barristers, magistrates, etc. They enjoy rolling in s***, if you a person of high moral fibre, you won't enjoy it.

Do not enter the Feminist Court, because "beyond there be dragons"

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Post #37756 by PaulG on July 16th 2011, 8:10 AM (in topic “Publication under rules 121”)

Publication under rules 121:

"Out, damn'd spot! out, I say!One; two: why, then
'tis time to do't.Hell is murky.Fie, my lord, fie, a soldier, and
afeard? What need we fear who knows it, when none can call our
pow'r to accompt?Yet who would have thought the old man to
have had so much blood in him?" - Lady Macbeth

I wish we had more openness in the Australian Family Court system. Transparency breeds accountability, and would also reduce the latency between societal norms, the assent of an act, and the court's correct consideration of the act. Given the wide breath of judicial discretion, it takes many years for magistrates and judges to enact the true intention of a change in legislation.

We also need regular reporting of court statistics (% property split between husband and wife, pareto of custody between father and mother, % applications by husband and wife, pareto of domestic violence categories, etc.)

Quite frankly, if you use public money's in the use of the public courts and access to legal aid, then you have forgone your privilege of privacy. Protect the children, yes. But otherwise one's public behaviour is public.

What spot do want perfumed BusyBee?





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Post #37634 by PaulG on July 11th 2011, 9:42 AM (in topic “Qualifying for legal aid”)

Qualifying for legal aid:

The States may have very extensive and complex criteria to determine a Legal Aid requirement, but that wont stop someone from lying to them. And in my experience the Legal Aid fraternity will hear and except what they want to hear. At the very least they are gulliable, at worse they are bias.

Dont waste your time seeking Legal Aid yourself. You lost that lottery of the womb!!!

If your ex is like mine, she will use the preceived 'free' support and string out matters as long as she can to rack up your legal costs. All that I can advise is to get a lawyer who understands this strategy and for them to convince the judge/magistrate to conduct a speedy trial.

Dont attempt an out-of-court settlement. Legal Aid has presented you ex with a 'moral hazard'. She is now incentivised to string the matter out.

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Post #37633 by PaulG on July 11th 2011, 9:10 AM (in topic “Young Children Travellliing Lond Distance Regulary...Unfair??!”)

Young Children Travellliing Lond Distance Regulary...Unfair??!:

love life - NI said
This means in 3 days, every 2 weeks we have to travel 10 hours. I physically cnat travel that much let alone my kids having to do that.

Yes you can travel 10 hours per week. Yes you can do it!!! The court had once ordered me to travel 18 hours a week to see my kids. They have since relieved me somewhat to 14 hours these days. It costs me most of my savings and I have to actively manage my mental and physical well-being.

It is actually a great time I have with my children during the drives. We play numberplate maths, punch buggy, read aloud stories of adventures that we make up. They ask me science questions and we talk about their development, sport, schooling, friends and endeavours. When all the chatting is exhausted they read a book which I would have purchased or got from the library.

I did consider getting a DVD player put in the car, but the kids have never asked for one, and it would distract from our time together.

So yes you can do it!!! For the kids, with the kids.

Oh!, and guess what. If you are enduring greater hardship than you ex, and yet through the adversity you insist on a quality relationship between your kids and your ex, your kids will one day respect and admire your efforts. Mine have, and the response is priceless.

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