Cabot v Child Support Registrar

Cabot (the applicant) appealed to the Federal Circuit Court against a Departure Prohibition Order (DPO) issued by the Child Support Registrar. The DPO was made under section 72C of the *Child Support (Registration and Collection) Act 1988* (Cth) and prevented the applicant from leaving Australia without the Registrar's permission. The applicant sought to have this order set aside.

The central legal issue before the Court was whether the Registrar had properly exercised her discretion in issuing the DPO. Specifically, the Court had to consider whether the applicant had failed to pay child support liabilities, whether the Registrar had reasonable grounds to believe that the applicant intended to leave Australia to avoid payment, and whether the DPO was otherwise justified under the relevant provisions of the Act.

Judge Cassidy dismissed the appeal, finding that the Registrar had sufficient grounds to issue the DPO. The Court was satisfied that the applicant had outstanding child support liabilities and that there was a reasonable apprehension that the applicant intended to depart Australia to avoid meeting those obligations. The Court applied the principles of administrative law, requiring the Registrar to act reasonably and within the scope of her statutory powers, and found that these requirements had been met. The Court ordered that the amended notice of appeal be dismissed and that the applicant pay the respondent's costs fixed at $7,200.00.