C.S.R. and Sisley

[2007] FMCAfam 724

FEDERAL MAGISTRATES COURT OF AUSTRALIA

C.S.R. & SISLEY [2007] FMCAfam 724

CHILD SUPPORT – Enforcement – arrears – late payment penalties – costs.

Child Support (Registration and Collection) Act 1988 (Cth), ss.68, 104
Family Law Act 1975 (Cth), s.117
Federal Magistrates Court Rules 2001, Schedule 1

Hendy v Deputy Child Support Registrar (2001) 27 Fam LR 641; (2001) 164 FLR 236

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MR SISLEY

File number: HBC 493 of 2007

Judgment of: Roberts FM

Hearing dates: 16 May & 13 July 2007

Date of last submission: 13 July 2007

Delivered at: Launceston

Delivered on: 13 July 2007 (Ex tempore)

REPRESENTATION

Counsel for the Applicant: Mr J Shears

Solicitors for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr T McGuire

Solicitors for the Respondent: Temple-Smith Partners

ORDERS

1. That within seven days the Respondent MR SISLEY pay to the Child Support Agency at Hobart the sum of $8,555.35 such to be credited towards his liability to pay child support for the child R born in 1989 up to 4 July 2007.

2. That the Respondent pay the costs of the Applicant fixed in the sum of $3,075 within six months of today.

3. That the Enforcement Summons issued 16 April 2007 is dismissed in so far as it relates to any arrears of child support.

4. That the said Enforcement Summons in so far as it relates to late payment penalties is adjourned sine die with liberty to either party to restore the Application to the list upon application to the Registry.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
LAUNCESTON

HBC 493 of 2007

CHILD SUPPORT REGISTRAR

Applicant

And

MR SISLEY

Respondent

REASONS FOR JUDGMENT

Applications

1. An Enforcement Summons was lodged with the court by the Child Support Registrar on 13 April 2007.  The respondent is Mr Sisley.  That Enforcement Summons was issued by the Registrar of the court on 16 April 2007, with a first return date in Devonport on 14 May 2007.  On that day it was set down for hearing in that Devonport sitting on 16 May 2007.

2. On 16 May 2007 the matter was adjourned for further hearing in July.  It is not necessary for me to detail all of what transpired on 16 May 2007, but in essence the respondent challenged the delegation of an employee of the Child Support Agency.  It now appears to be clearly accepted that that employee had the appropriate delegations to do what she did.

3. The Enforcement Summons alleged that the respondent was indebted to the Commonwealth for $7,964.11 by way of child support and $759.31 by way of late payment penalties as at 12 April 2007.  It is now said that the respondent owes child support in the sum of $8,555.35 and late payment penalties of $1,032.10 as at 4 July 2007. 

4. The applicant is seeking enforcement of the child support…