Balakin and Dobrow and Anor

Case

[2020] FCCA 57

21 January 2020


Details
AGLC Case Decision Date
Balakin and Dobrow and Anor [2020] FCCA 57 [2020] FCCA 57 21 January 2020

CaseChat Overview and Summary

In the matter of *Balakin and Dobrow and Anor*, heard by Judge Cole, the applicant sought leave under section 112 of the *Child Support (Assessment) Act 1989* (Cth) to apply for departure orders concerning child support assessments that had concluded more than 18 months prior. The dispute centred on the applicant's ability to seek a review of past child support assessments.

The primary legal issue before the court was whether the applicant should be granted leave to apply for departure orders for the period of 1 July 2013 to 11 January 2018, notwithstanding the time elapsed since these assessment periods concluded. This required the court to consider the criteria for granting such leave under section 112 of the Act.

Judge Cole granted the applicant leave to apply for a departure order for the specified period. The court reasoned that the circumstances warranted the granting of leave, enabling the applicant to pursue their application for a departure order. In addition to granting leave, the court ordered informal disclosure between the applicant and the first respondent, noting specific document requests from the first respondent. The proceedings were adjourned for further directions, with the departure application listed for hearing and the enforcement application remaining adjourned pending the outcome of the departure application.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Statutory Construction

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Cases Citing This Decision

13

Horleck and Horleck and Ors [2014] FamCA 733
Murcutt and Murcutt (No 2) [2013] FamCA 573
Marsden & Winch [2008] FamCA 1029
Cases Cited

1

Statutory Material Cited

2

Bagala & Bagala [2009] FMCAfam 953