Baylden and Baylden and Anor

[2013] FCCA 1287

FEDERAL CIRCUIT COURT OF AUSTRALIA

BAYLDEN & BAYLDEN & ANOR [2013] FCCA 1287

Catchwords:
CHILD SUPPORT – Practice and procedure – review of Registrar’s decision.

Legislation:

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

Applicant: MR BAYLDEN

First Respondent:

Second Respondent:

MS BAYLDEN

CHILD SUPPORT REGISTRAR

File Number: SYC 2887 of 2013

Judgment of: Judge Scarlett

Hearing date: Decided in chambers

Date of Last Submission: 3 September 2013

Delivered at: Sydney

Delivered on: 3 September 2013

REPRESENTATION

The Applicant: In person

First Respondent: In person

Solicitors for the Second Respondent: Department of Human Services

ORDERS

1. The Application in a Case filed on 27 August 2013 is to be listed on Tuesday 15 October 2013 at 10:00 am.

2. The Application and affidavit in support must be served on the Respondents by 4 October 2013.

IT IS NOTED that publication of this judgment under the pseudonym Baylden & Baylden & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 2887 of 2013

MR BAYLDEN

Applicant

And

MS BAYLDEN

First Respondent

CHILD SUPPORT REGISTRAR
Second Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application for review of a Registrar’s decision to list an Application in a Case on 12^th November 2013. The Application has been listed on the same date as the Applicant’s Appeal against a decision of the Social Security Appeals Tribunal.

2. However, the Application in a Case seeks a stay of enforcement of payments of child support until the Appeal is heard on condition that the Applicant continues to pay the sum of $400.00 per month by way of child support.

Consideration

1. The Application seeks a stay as provided by s.111C of the Child Support (Registration and Collection) Act 1988 (Cth) and, not surprisingly, the Applicant wishes to have it heard promptly. It would be too late to leave the Application until the hearing date of the Appeal.

Conclusions

1. The Application should be given a first return date on the next Child Support List date, which is Tuesday 15 October.

2. I will order accordingly.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Scarlett

Associate: 

Date:  6 September 2013