Whittaker v Child Support Registrar [2003] FCAFC 114

Whittaker v Child Support Registrar [2003] FCAFC 114

The appeal was dismissed because the primary judge made no error in rejecting the alleged need for the appellant's consent, treating the constitutional challenge as foreclosed, and declining discretionary certiorari. Although notice may not have been given, the appellant had become aware of the decision by 3 November 1994, sought to vary the assessment rather than challenge it, and could not much later rely on lack of service of notice; in any event the discretion to refuse certiorari had not miscarried.

Jurisdiction
Australia
Judgment Date
27 May 2003
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia Concerning Refusal of Certiorari Against Acceptance of an Application for Administrative Assessment of Child Support / Appeal
Outcome
The appeal is dismissed.
Legal Topics
['administrative Assessment of Child Support' 'notice of Acceptance of Application' 'validity of Assessment' 'consent to Assessment' 'certiorari' 'discretionary Relief' 'election or Waiver' 'constitutional Challenge']
['administrative Law' 'child Support' 'family Law' 'constitutional Law'] ['administrative Assessment of Child Support' 'notice of Acceptance of Application' 'validity of Assessment' 'consent to Assessment' 'certiorari' 'discretionary Relief' 'election or Waiver' 'constitutional Challenge']

Case Brief

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia Concerning Refusal of Certiorari Against Acceptance of an Application for Administrative Assessment of Child Support / Appeal

Legal Issues

  1. 1 ["Whether the Child Support Registrar's decision to accept an application for administrative assessment of child support was invalid because notice was not given to the appellant." 'Whether consent of the appellant was required for the child support assessment process.' 'Whether provisions relating to assessment under the Child Support (Assessment) Act 1989 (Cth) were constitutionally invalid.' "Whether certiorari should be granted to quash the Registrar's decision."]

Ratio Decidendi

The appeal was dismissed because the primary judge made no error in rejecting the alleged need for the appellant's consent, treating the constitutional challenge as foreclosed, and declining discretionary certiorari. Although notice may not have been given, the appellant had become aware of the decision by 3 November 1994, sought to vary the assessment rather than challenge it, and could not much later rely on lack of service of notice; in any event the discretion to refuse certiorari had not miscarried.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'The appellant is to pay the costs of the respondent of the appeal, to be taxed if not agreed.']