Daley v Child Support Registrar [2019] FCA 1097

Daley v Child Support Registrar [2019] FCA 1097

There was no satisfactory explanation for the applicant's delay of many years in commencing proceedings, and none of the matters raised by the applicant were found to constitute an arguable case for either extension of time for judicial review or relief under s 39B of the Judiciary Act. The registration of the New Zealand maintenance liability under the Australian scheme was valid. The relevant legislation is not constitutionally invalid as taxation or acquisition of property, and retrospective application was permissible under the Agreement and Regulations.

Parties
Applicant: Glenn Eric Daley; Respondent: Child Support Registrar
Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Application for Judicial Review and Extension of Time / Final Judgment
Outcome
Extension of time refused; application dismissed; costs awarded to respondent.
Legal Topics
Extension of Time, Judicial Review, Child Support Liability, International Maintenance Obligations, Discretionary Relief, Registration and Collection of Overseas Child Support, Retrospectivity, Jurisdictional Error
Administrative Law Extension of Time Judicial Review Child Support Liability International Maintenance Obligations Discretionary Relief Registration and Collection of Overseas Child Support Retrospectivity +1 more

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Parties

Glenn Eric Daley

Applicant

Child Support Registrar

Respondent

Procedural Posture

Application for Judicial Review and Extension of Time / Final Judgment

Legal Issues

  1. 1 Whether the Court should grant an extension of time for judicial review of the 2006 decision to register a registrable maintenance liability under the Child Support (Registration and Collection) Act 1988 (Cth)
  2. 2 Whether discretionary relief under s 39B of the Judiciary Act 1903 (Cth) should be granted in respect of the same decision
  3. 3 Whether the applicant's delay was reasonably explained or justified

Ratio Decidendi

There was no satisfactory explanation for the applicant's delay of many years in commencing proceedings, and none of the matters raised by the applicant were found to constitute an arguable case for either extension of time for judicial review or relief under s 39B of the Judiciary Act. The registration of the New Zealand maintenance liability under the Australian scheme was valid. The relevant legislation is not constitutionally invalid as taxation or acquisition of property, and retrospective application was permissible under the Agreement and Regulations.

Court Disposition

Extension of time refused; application dismissed; costs awarded to respondent.

Orders

  • The application under the Administrative Decisions (Judicial Review) Act 1997 (Cth) for an extension of time is refused.
  • The application for remedies under s 39B of the Judiciary Act 1903 (Cth) is refused.