Whittaker v Child Support Register [2000] FCA 1733

Whittaker v Child Support Register [2000] FCA 1733

The Registrar's powers under Part 6A of the Assessment Act are administrative rather than judicial, as indicated by legislative intent, procedure, power to decline a decision, lack of finality, and the existence of a full de novo remedy in the Family Court. Accordingly, no grounds exist for prerogative relief and the application is dismissed.

Parties
Applicant: Mark Alan Whittaker; First Respondent: Child Support Registrar; Second Respondent: Donna Rennie Whittaker
Jurisdiction
Australia
Judgment Date
30 November 2000
Procedural Posture
Application for Prerogative Writs / Final Judgment
Outcome
application dismissed
Legal Topics
Judicial Power, Administrative Power, Child Support, Prerogative Writs, Review of Administrative Determinations
Constitutional Law Administrative Law Judicial Power Administrative Power Child Support Prerogative Writs Review of Administrative Determinations

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Parties

Mark Alan Whittaker

Applicant

Child Support Registrar

First Respondent

Donna Rennie Whittaker

Second Respondent

Procedural Posture

Application for Prerogative Writs / Final Judgment

Legal Issues

  1. 1 Whether the Child Support Registrar exercises administrative or judicial power under Part 6A of the Child Support (Assessment) Act 1989 (Cth)
  2. 2 Whether the Registrar's decisions are validly made and preclude prerogative relief

Ratio Decidendi

The Registrar's powers under Part 6A of the Assessment Act are administrative rather than judicial, as indicated by legislative intent, procedure, power to decline a decision, lack of finality, and the existence of a full de novo remedy in the Family Court. Accordingly, no grounds exist for prerogative relief and the application is dismissed.

Court Disposition

application dismissed

Orders

  • The application be dismissed.