Luton v Lessels

Luton v Lessels
CourtHigh Court of Australia
Full case name Luton v Lessels & Anor
Decided11 April 2002
Citation(2002) 210 CLR 333
Case history
Prior actionnone
Subsequent actionnone
Court membership
Judges sittingGleeson CJ, Gaudron, McHugh, Kirby, Hayne and Callinan JJ
Case opinions
(6:0) The scheme established by the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989 (Cth) for the collection and payment of money otherwise payable to or receivable by the recipient is not a tax (per Gleeson CJ, Gaudron, McHugh, Kirby, Hayne and Callinan JJ) (6:0) The Acts do not confer on the Child Support Agency judicial power and are not offensive to the doctrine of separation of powers (per Gleeson CJ, Gaudron, McHugh, Kirby, Hayne and Callinan JJ)

Luton v Lessels (2002) 210 CLR 333 is a High Court of Australia case that affirms previous High Court definitions of a tax.