Commonwealth Numbered Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 110

Appeals
110. (1) If a liable parent or a custodian entitled to child support is
aggrieved by any of the particulars of an administrative assessment, he or she
may appeal to a court having jurisdiction under this Act against the
assessment.

(2) The grounds of the appeal may include:

   (a)  that an annual or daily rate of child support specified in the
        assessment was incorrectly assessed; or

   (b)  that the assessment has incorrectly determined the days in relation to
        which the child support is payable; or

   (c)  that an annual rate of child support specified in the assessment is no
        longer correctly assessed because the Registrar has failed to give
        effect to section 74 (Registrar to give effect to happening of
        child support terminating events etc.), or any other provision of
        this Act, in relation to the assessment.

(3) The appeal must be instituted within the time prescribed by the Rules of
Court or within such further time as is allowed under the Rules of Court.

(4) Subject to section 145 (Registrar may intervene in proceedings), the
parties to the appeal are the liable parent, and the custodian entitled to
child support, in relation to whom the assessment was made.

(5) Subsection (1) has effect:

   (a)  subject to Chapter III of the Constitution; and

   (b)  despite section 9 (Limitation of jurisdiction of State courts) of the
        Administrative Decisions (Judicial Review) Act 1977. 


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