CHILD SUPPORT REGISTRAR & ABANI (No.2)

The matter before Judge Street concerned an application by the Child Support Registrar to enforce child support obligations against Mr. Abani. The dispute centred on whether Mr. Abani possessed an equity in certain property and a related water licence that could be used to satisfy outstanding child support liabilities. Restraining orders were sought in respect of this property and water licence.

The court was required to determine if the Child Support Registrar could obtain orders restraining Mr. Abani from dealing with his interest in a specified property and a water access licence, and whether these interests could be charged in favour of the Registrar to secure payment of the outstanding child support debt and associated costs.

Judge Street reasoned that the Registrar had established a sufficient basis to justify the imposition of restraining orders and charges over Mr. Abani's property and water licence. The court applied principles relating to the enforcement of child support obligations, recognising the need to secure payment of arrears and penalties. The court ordered Mr. Abani to pay a total sum of $33,013.22, comprising child support arrears and costs, within 90 days. Pending full payment, Mr. Abani was restrained from assigning, transferring, or encumbering his interest in the specified real property and water access licence, and these interests were charged in favour of the Registrar. The court also noted that any monies payable were in addition to ongoing child support liabilities and that the Registrar could enforce the debt in accordance with the Federal Circuit Court Rules if default occurred.