Chatfield & Chatfield

In the matter of *Chatfield & Chatfield*, Mr. Chatfield (the Applicant Husband) sought orders to stay the collection of child support payments pending the outcome of his application for a change of assessment filed with Child Support – Services Australia (CSSA). Ms. Chatfield was the Respondent. The application was heard by Judge McNab.

The legal issues before the Court were whether to grant the Applicant Husband's application for a stay of child support collection and whether to award indemnity costs to the Applicant Husband. The Court was also required to consider the significant costs incurred by the Applicant Husband in pursuing the stay application, particularly in light of the relatively small amount of child support that would be affected by a stay.

Judge McNab dismissed the Applicant Husband's application. The Court reasoned that the Applicant Husband had already obtained a significant reduction in his child support obligations, with his weekly payments decreasing from $488.05 to $125. Furthermore, the CSSA decision reducing the assessment was subject to a review process that was required to be completed within 60 days. Given these circumstances, the amount of child support likely to be affected by a stay was approximately $800. The Court noted that the Applicant Husband had expended substantial sums on legal fees, estimated to be around $10,000, to pursue a stay of this relatively small amount. The Court found that the application for a stay was not justified in these circumstances.

The Court ordered that the Applicant Husband's application be dismissed and that he pay the Respondent's costs fixed in the sum of $5,533.00.