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
The Application for interim relief as contained in the Amended Initiating Application filed 9 March 2015 is dismissed.
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
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…
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- Acton & Burton [2015] FamCA 469
- Case
- [2015] FamCA 469
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether to grant the interim relief sought by the applicant. The Court was required to determine if the circumstances warranted the imposition of interim measures pending the final resolution of the substantive dispute.
Hogan J dismissed the application for interim relief. The Court's reasoning for this decision is not elaborated upon in the provided text. However, the orders indicate a process for dealing with any subsequent applications for costs related to the interim application, allowing for written submissions from both parties before a final determination is made in Chambers.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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