Recent judgments of the Family Court of Australia
FAMILY LAW - APPEAL – CHILD SUPPORT – Leave to appeal decision of Federal Magistrate under Child Support (Assessment) Act 1989 (Cth) – whether substantial prospect of success of ground of appeal asserting error of law – where Federal Magistrate’s orders dismissed father’s application for a departure from an administrative assessment of child support – whether Federal Magistrate had erred in law by applying s 117(7B) of the Child Support (Assessment) Act 1989 (Cth) – held that Federal Magistrate had correctly applied legislation – held that ground of appeal had no merit – leave to appeal on ground of error of law refused.
FAMILY LAW - APPEAL – PRACTICE AND PROCEDURE – held that Court has discretion to order for transcript to be provided to parties at Court’s expense – where appellant asserted he could not afford to obtain transcript – where appellant applying for departure from an administrative assessment of child support – where Federal Magistrate at trial found that the appellant had capital means and earning capacity – held not to be an appropriate case for the Court to provide transcript at its own expense.