Acton & Burton

[2015] FamCA 469

FAMILY COURT OF AUSTRALIA

ACTON & BURTON [2015] FamCA 469

FAMILY LAW – CHILD SUPPORT – INTERIM APPLICATION FOR DEPARTURE – S116, S117 - Application refused

Babbit & Babbit [2011] FamCAFC 151
Black & Kellner (1992) FLC 92-287
Gyselman (1992) FLC 92-279
In the Marriage of Scott (1994) FLC 92-457
Jacks & Parker (2011) FLC 93-462; [2011] FamCAFC 34
Luton & Lessels (2002) 210 CLR 333
Saberton & Saberton [2013] FamCAFC 89
Scott v Stauder (unreported, Family Court of Australia, Kay J, 20 November 1996)
Weir & Weir (1993) FLC 92-338

Child Support (Assessment) Act 1989 (Cth) ss 4, 114, 116, 117, 118

APPLICANT: Ms Acton

RESPONDENT: Mr Burton

FILE NUMBER: BRC 9435 of 2012

DATE DELIVERED: 22 June 2015

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Hogan J

HEARING DATE: 4 May 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Shoebridge

SOLICITOR FOR THE APPLICANT: Murdoch Lawyers

SOLICITOR FOR THE RESPONDENT: Mr Naughton from Rice Naughton, as town agents for Blanchfield Nicholls Partners

Orders

1. The Application for interim relief as contained in the Amended Initiating Application filed 9 March 2015 is dismissed.

2. In the event that either party seeks an order that the other pay the costs of and incidental to the interim application heard on 4 May 2015:

   (a)any such party shall file and serve brief written submissions in support of such application for costs within fourteen (14) days of today; and

   (b)the party against whom an order for costs is sought shall file and serve within a further fourteen (14) days thereafter any brief written submissions in answer to the submissions filed and served by the party seeking costs; and

   (c)the party seeking an order for costs shall file and serve any brief further written submissions within seven (7) days of its service, strictly in reply to the submissions served by the party against whom an order for costs is sought,

   and any such application for costs shall be considered in Chambers. 

IT IS NOTED that publication of this judgment by this Court under the pseudonym Acton & Burton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 9435 of 2012

Ms Acton

Applicant

And

Mr Burton

Respondent

REASONS FOR JUDGMENT

1. The Applicant seeks[1] that the Court determine her interim Application for a departure[2] from the administrative assessment of child support for the parties’ three children. She also proposes that:

   a)the Court order[3] that the Respondent’s child support income for the purposes of child support assessment is $177,073.00 per annum[4]– the consequence of such an order would be that the Respondent’s child support amount would be about $37,186.00 per annum or about $715.11 per week; and

   b)the Court further order that such deemed income apply to all child support assessments conducted between 2 April 2014 and 12 January 2022.

   [1]          As outlined in the Amended Initiating Application filed 9 March 2015.

   [2] Pursuant to s 116(1)(b) of the Child…