Child Support Registrar v CMU23 [2024] FCA 109

Child Support Registrar v CMU23 [2024] FCA 109

On its text, s 53(1)(c) of the Child Support (Assessment) Act 1989 (Cth) does not include a limitation regarding the 'maximum interim period' as found in s 53(1)(a) and (b). There is no sufficient certainty as to what, if any, additional words Parliament intended. Therefore, the Tribunal erred in reading into s 53(1)(c) an implied qualification. Section 51 did not apply in the present circumstances, and the Tribunal's construction was incorrect in law; the appeal must be allowed.

Parties
Applicant: Child Support Registrar; First Respondent: CMU23; Second Respondent: CMV23
Jurisdiction
Australia
Judgment Date
01 February 2024
Procedural Posture
Appeal / Judgment on Appeal From Administrative Appeals Tribunal
Outcome
Appeal allowed
Legal Topics
Child Support, Statutory Interpretation, Administrative Appeals
Family Law Child Welfare Administrative Law Child Support Statutory Interpretation Administrative Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Child Support Registrar

Applicant

CMU23

First Respondent

CMV23

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in law by construing s 53(1)(c) of the Child Support (Assessment) Act 1989 (Cth) such that it did not prevent the operation of s 51 for new percentage of care determinations after revocation under section 54F or 54H.
  2. 2 Whether words may be read into s 53(1)(c) to include the concept of 'maximum interim period' for purposes of statutory interpretation.

Ratio Decidendi

On its text, s 53(1)(c) of the Child Support (Assessment) Act 1989 (Cth) does not include a limitation regarding the 'maximum interim period' as found in s 53(1)(a) and (b). There is no sufficient certainty as to what, if any, additional words Parliament intended. Therefore, the Tribunal erred in reading into s 53(1)(c) an implied qualification. Section 51 did not apply in the present circumstances, and the Tribunal's construction was incorrect in law; the appeal must be allowed.

Court Disposition

Appeal allowed

Orders

  • The terms of order 2 of the orders of 21 November 2023 be extended to any affidavit filed in these proceedings, having regard to s 150 of the Child Support (Assessment) Act 1989 (Cth).
  • The appeal be allowed.