Court or Tribunal: 
Catchwords: Appeal, Child Support, Departure Determination
Judges:  May JStrickland JThackray CJ


Background: The appellant father in this case sought a review of a child support departure determination and a subsequent Social Security Appeals Tribunal decision which both determined an increased taxable income for child support purposes. The father’s appeal to the Federal Circuit Court on this matter was dismissed and the father now seeks to appeal that decision. 
 
  [Legal Issue]This was an application for leave to appeal from the dismissal of an appeal from the Social Security Appeals Tribunal which increased the appellant’s taxable income for child support purposes. The application was dismissed with costs. In its judgment, the court analysed and determined a number of significant questions of law arising out of the interpretation of the Child Support (Assessment) Act 1989 (Cth) which would be of interest to family law specialists.   [Court Orders]The appeal application was dismissed. The Court found no error in law by failing to refer to s 117(7A) of the Child Support (Assessment) Act 1989 (Cth). No issue of procedural fairness arises – Application for leave to appeal dismissed – Appellant father ordered to pay costs.     


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5: Malcolm v Malcolm [2012] SSATACSA 1 |
Court or Tribunal: 
Catchwords: Child Support, Percentage of Care
Judges:  Anonymous Member


Background: Ms Malcolm and Mr Malcolm are the parents of Linda, born 2001, and Melissa, born 2003. They have advised that they separated in September 2011. Registration of assessment for child support payments for both children was accepted on 12 September 2011 by the Child Support Agency (the Agency). At that time Ms Malcolm advised that they were separated but living under the one roof. The Agency however recorded Ms Malcolm as having 100% of the care of both the children at that time and wrote to Ms Malcolm and Mr Malcolm on 17 September 2011 advising of the acceptance of the registration and the percentage of care determined. On 23 September 2011 Mr Malcolm, as the parent liable to pay child support under the assessment, lodged an objection to the assesment that Ms Malcolm had 100% 
 
  [Legal Issue]The issue to be decided by the Tribunal is whether the Child Support Agency’s decision that each of Ms Malcolm and Mr Malcolm had 50% of the care of their daughters Linda and Melissa from 12 September 2011 was correct and, if not, what the correct care percentage should be.   [Court Orders]On 8 February 2012 the Tribunal decided to affirm the decision under review. This means the application for review is unsuccessful and that the assessment by the objections officer that each of Ms Malcolm and Mr Malcolm should be taken to have 50% care of their children will stand.     


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