![View topic (Case of interest - Siegel & Danner [2009] FamCAFC 100 11/06/2009)](http://www.familylawwebguide.com.au/themes/www_familylawwebguide_com_au/images_custom/44cdd3eb9eec5.png "View topic (Case of interest - Siegel & Danner [2009] FamCAFC 100 11/06/2009)")
| Case of interest - Siegel & Danner [2009] FamCAFC 100 11/06/2009 | ||
| A recent case heard by the Full Court has considered issues related to Child $upport. Federal Magistrate determined that the fact the father lived in Germany and the mother and children lived in Australia was a "special circumstance" for the making of a d | ||
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Posted 27 June, 2009, 10:58 AM
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Percolo Alio
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Reviewing the Family Court's Full Court judgements this case appeared to be relevant to C$A issues. It would be interesting to learn what can be learnt from the principles in this case by those more conversant with the C$ Act The case will presumably be reheard in Brisbane. It might be worth noting who represented the applicant for those living under the sun. Siegel & Danner [2009] FamCAFC 100 11/06/2009 http://www.familycourt.gov.au/wps/wcm/resources/file/eba7970e5c77376/2009_FamCAFC_100.pdf FAMILY LAW - APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE CHILD SUPPORT Parties lived in Germany Upon separation the mother and children moved to Queensland then to Western Australia Mother sought an administrative assessment of child support to found the Court's jurisdiction to make departure orders Mother sought increased child support to pay children's private school fees Parties conceded that the Federal Magistrate could treat the application as a departure application despite some compliance issues - Parties had entered into financial agreements following separation At least two of these were before the Federal Magistrate and dealt with issues of child support and schooling FAMILY LAW - DEPARTURE ORDER Federal Magistrate determined that the fact the father lived in Germany and the mother and children lived in Australia was a "special circumstance" for the making of a departure order Erred in principle as there was no consideration of how this fact of residence of the parties was connected to a ground for departure For the "special circumstance" to found a departure it must have a relationship to the ground of departure FAMILY LAW - SCHOOL FEES Federal Magistrate ordered that the father pay half the purported costs of private schooling for the three children No evidence of specific schools or fees was adduced at trial The evidence of the cost of private schooling was based on historical fees Order to pay schooling fees lacked particularity as to timeframe and applicability to individual children FAMILY LAW - FINANCIAL CIRCUMSTANCES The mother's evidence of financial circumstances was based upon her income and expenses whilst living in Queensland despite the subsequent move and change of employment situation Federal Magistrate's consideration of financial circumstances was at a fairly general level Leave to appeal granted Appeal allowed Remitted for rehearing
What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
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