Event and Time
Event Description
An application for judicial review was made regarding a decision by the Administrative Appeals Tribunal (the Tribunal) on October 30, 2023, concerning child support adjustments based on the taxable income and self-support allowances of the applicant (DBT23).
Application and Claims
The applicant contended that:
- The Tribunal failed to take into account material evidence that was presented later in the process.
- The failure to consider this material resulted in the Tribunal constructively failing to exercise its jurisdiction, which adversely affected the outcome of the child support assessment.
The focus was primarily on two key pieces of evidence: 1. The surrender and allocation of new ordinary shares granted to the applicant. 2. The immediate vesting of 25% of those shares, which impacted the financial statement provided to the Tribunal.
The Child Support Registrar supported the applicant's claims regarding the materiality of the information ignored by the Tribunal.
Judicial Decisions
- A writ in the nature of certiorari was granted, quashing the Tribunal's decision from October 30, 2023.
- A writ in the nature of mandamus was issued, requiring the Tribunal to reassess the application according to the law, engaging properly with the new evidence.
- Costs were awarded to the applicant against both respondents, fixed at $4,500 each.
Dispute Points and Legal Basis
Dispute Points
Applicant’s Claims:
- The Tribunal ignored significant late material that could have altered the decision.
- The Tribunal's assessment of the applicant's financial capacity was fundamentally flawed due to the omission.