Cander & Cander

In *Cander & Cander*, Mr Cander, the Father, sought to have interim consent orders made regarding child support arrears. The Father, who resided in Papua New Guinea, proposed to discharge these arrears from a capital sum held by a family company. The Applicant, Mr Cander, was concerned that this proposed payment arrangement could lead to the dissipation of assets before the final settlement of the matter.

The central legal issue before Barry J was whether to approve the proposed interim consent orders, specifically concerning the method of payment for the child support arrears. The court was required to consider the potential impact of the proposed payment on the family company's assets and whether it was an appropriate interim measure given the ongoing dispute.

Barry J declined to make the interim consent orders as proposed. The court reasoned that the Father's proposal to pay arrears from the capital sum held by the family company carried a significant risk of dissipating assets. This risk was deemed unacceptable in circumstances where the overall dispute regarding child support and asset division was yet to be resolved. Consequently, the court did not endorse the proposed consent orders.

The court ordered that the interim consent orders, as presented, were not to be made. However, the Father's application in Form 1, filed on 18 September 2007, was adjourned for mention before Justice Barry on 14 April 2008. The court also made specific directions regarding the Father's legal expenses and the removal of another application from the list.