Abani & Abani & Anor (SSAT Appeal)

FEDERAL CIRCUIT COURT OF AUSTRALIA

ABANI & ABANI & ANOR (SSAT APPEAL) [2014] FCCA 2058

Catchwords:
CHILD SUPPORT – Appeal – Application for Stay – Application for Stay pending finalisation of appeal against decision of Social Security Appeals Tribunal – principles to be applied.

Legislation:

Child Support (Assessment) Act 1989 (Cth), ss.159, 159A

Child Support (Registration and Collection) Act 1988 (Cth), s.111C

Federal Circuit Court Rules 2001 r.15.29

Cases cited:
Jones v Child Support Registrar [2007] FCA 1732

Applicant: MR ABANI

First Respondent: MS ABANI

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: SYC 849 of 2014

Judgment of: Judge Scarlett

Hearing date: 15 July 2014

Date of Last Submission: 15 July 2014

Delivered at: Sydney

Delivered on: 5 September 2014

REPRESENTATION

The Applicant: In person

The First Respondent: In person

Solicitor for the Second Respondent: Ms Given

Solicitors for the Second Respondent: Sparke Helmore Lawyers

ORDERS

UNTIL FURTHER ORDER

1. The collection and enforcement of arrears of child support accumulated up to and including the date of this Order payable by the Applicant to the Respondent MS ABANI for the children [V] born [in] 2003, [W] born [in] 2005, [X] born [in] 2007, [Y] born [in] 2009 and [Z] born [in] 2010 are stayed.

2. The Applicant is to pay to the Respondent Child Support Registrar for payment out to the Respondent MS ABANI on account of child support the sum of $500.00 per month the first payment to be made on or before 3 October 2014 and monthly thereafter.

IT IS NOTED that publication of this judgment under the pseudonym Abani & Abani & Anor (SSAT Appeal) is approved pursuant to s.110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth). 

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 849 of 2014

MR ABANI

Applicant

And

MS ABANI

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application for a stay of:

   a)collection and enforcement of arrears of child support “pending the determination of the re-hearing in the Social Security Appeals Tribunal”: and

   b)the operation of all child support assessments payable by the Applicant to the First Respondent for the parties’ five children “pending the determination of the re-hearing in the Social Security Appeals Tribunal.”

2. The First Respondent opposes the stay.

3. The solicitor for the Second Respondent, the Child Support Registrar, submitted that a stay was a matter for the Court, but, should a stay be granted, it should be restricted to a further collection of arrears and not to the ongoing assessment of child support.    

Background

1. The Applicant has appealed to the Court against a decision of the Social Security Appeals Tribunal by means of an amended Notice of Appeal filed on 26 June 2014. The Appeal is due to be heard this month.

Evidence and Submissions

1. The Applicant relies on an affidavit sworn or affirmed on 26 June 2014, in which he essentially he claims financial hardship as a reason for the stay. The affidavit contains other material which is quite clearly…