BALSHAW & BALSHAW

[2018] FCCA 3291

FEDERAL CIRCUIT COURT OF AUSTRALIA

BALSHAW & BALSHAW [2018] FCCA 3291

Catchwords:
CHILD SUPPORT – Departure.

Legislation:

Child Support (Assessment) Act 1989 (Cth), ss.116, 117(2)

Applicant: MR BALSHAW

Respondent: MS BALSHAW

File Number: SYC 6997 of 2014

Judgment of: Judge Henderson

Hearing date: 6 September 2018

Date of Last Submission: 6 September 2018

Delivered at: Sydney

Delivered on: 6 September 2018

REPRESENTATION

Counsel for the Applicant: In person

Counsel for the Respondent: In person

ORDERS

1. The application of Mr Balshaw filed 5 November 2014 for a departure order is dismissed.

2. These orders have been amended pursuant to paragraph 16.05(2)(e) of the Federal Circuit Court Rules (2001).

IT IS NOTED that publication of this judgment under the pseudonym Balshaw & Balshaw 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 6997 of 2014

MR BALSHAW

Applicant

And

MS BALSHAW

Respondent

REASONS FOR JUDGMENT

1. Mr Balshaw, the evidence you have filed is completely insufficient for me to be able to exercise my discretion under 117(2) of the Child Support (Assessment) Act 1989 (Cth)[1] and section 116[2] because I have to find two things when I make a departure application.

   [1] Child Support (Assessment) Act 1978 (Cth), s 117(2).

   [2] Child Support (Assessment) Act 1978 (Cth), s 116.

2. I first have to determine that it is just and equitable that I ought even consider embarking upon a departure, and I then have to consider whether it is just and equitable and otherwise proper to depart.  The evidence you have filed does not assist me one iota in terms of the period of the leave time from 27 February 2009 to 30 November 2009 and 1 December 2009 to 28 February 2011 because the documents you’ve attached are:

   a)Statements from a Bank A, overdrafts as at 2018 which is irrelevant to the time period we’re talking about;

   b)A plumbing quote in 2018;

   c)Quote from Company A in 2018; and

   d)A Go Card balance as at March 2018.

3. This evidence has absolutely nothing to do with the period that I gave you leave in respect of which was from February to November 2009 and from December 2009 to February 2011, so your evidence does not support your case and it must be dismissed.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Henderson

Date: 13 November 2018