Whittaker v Child Support Registrar (No. 2) [2009] FCA 343

Whittaker v Child Support Registrar (No. 2) [2009] FCA 343

Applicants failed to demonstrate sufficient doubt or risk of substantial injustice arising from the primary judge's orders refusing leave to replead or striking out challenged paragraphs; orders were properly made in exercise of discretion under relevant rules and statutes and previous adverse findings foreclosed re-litigation of the matters. Leave to appeal was refused and the notice of motion dismissed with costs.

Jurisdiction
Australia
Judgment Date
14 April 2009
Procedural Posture
Notice of Motion for Leave to Appeal / Interlocutory Application for Leave to Appeal From Orders of Primary Judge
Outcome
Notice of motion for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'pleadings' 'summary Dismissal' 'strike Out Applications' 'child Support Liability' 'delegation of Statutory Power' 'privacy' 'tax File Numbers' 'departure Prohibition Orders']
['administrative Law' 'family Law' 'civil Procedure'] ['leave to Appeal' 'pleadings' 'summary Dismissal' 'strike Out Applications' 'child Support Liability' 'delegation of Statutory Power' 'privacy' 'tax File Numbers' 'departure Prohibition Orders']

Case Brief

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Procedural Posture

Notice of Motion for Leave to Appeal / Interlocutory Application for Leave to Appeal From Orders of Primary Judge

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from orders refusing leave to replead certain paragraphs struck out from amended statement of claim' 'Whether primary judge erred by granting summary dismissal of relief and striking out certain pleadings' 'Whether strike out ought to preclude amendment regarding allegations about exercise and delegation of statutory powers, privacy, negligent/unauthorised use of tax file numbers, and actions related to Departure Prohibition Orders']

Ratio Decidendi

Applicants failed to demonstrate sufficient doubt or risk of substantial injustice arising from the primary judge's orders refusing leave to replead or striking out challenged paragraphs; orders were properly made in exercise of discretion under relevant rules and statutes and previous adverse findings foreclosed re-litigation of the matters. Leave to appeal was refused and the notice of motion dismissed with costs.

Court Disposition

Notice of motion for leave to appeal dismissed with costs

Orders

  • ['The Notice of Motion filed 11 March 2009 be dismissed.' "The applicants pay the respondents' costs."]