Child Support Registrar and Clifford (No.2)

[2011] FMCAfam 1518

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & CLIFFORD (No.2) [2011] FMCAfam 1518

CHILD SUPPORT – Enforcement – child support debt.

Child Support (Registration & Collection) Act 1988, s.116

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MR CLIFFORD

File Number: SYC 3027 of 2011

Judgment of: Scarlett FM

Hearing date: 13 December 2012

Date of Last Submission: 13 December 2012

Delivered at: Sydney

Delivered on: 13 December 2011

REPRESENTATION

Solicitor for the Applicant: Ms Nansen

Solicitors for the Applicant: Australian Government Solicitor

Respondent: Appeared in person

ORDERS

1. The Respondent is to pay to the Applicant the child support debt of $20,841.01.

2. The Respondent is to pay to the Applicant a contribution to its costs in the sum of $3,618.50.

3. The amounts payable under Orders 1 and 2 above, being a total debt of $24,459.51 are to be paid to the Applicant by instalment payments of $500.00 per month towards the total debt, with the first of such payments to be made on or before 1 February 2012 and monthly thereafter until payment of the total debt is made in full.

4. Until further order of the Court or payment in full of the total debt, the following provisions will apply:

   (a)The Respondent is restrained from selling, assigning, transferring, further encumbering or dealing in any way with his interest with in the real property, Property G, in the State of New South Wales described in certificate of title volume 2/204850 with the prior written consent of the Applicant.

   (b)The Respondent’s interest in the real property be charged in favour of the Applicant’s total debt and the Applicant be at liberty to lodge a caveat over the real property to secure the interest created by this charge

5. If the Respondent defaults in making any of the payments under these orders or deals with any of the personal real property in breach of these orders the following orders shall take effect.

   (a)The total debt shall be immediately due and payable.

   (b)The Official Receiver, the Sheriff of the Federal Magistrates Court and their servants and agents shall be appointed as enforcement officers.

   (c)Pursuant to rule.25B(11)(a) of the Rules, an enforcement officer shall seize and sell under an Enforcement Warrant such of the Respondent’s real property and personal property not being prescribed personal property as the enforcement officer may consider sufficient to meet the reasonable costs of the enforcement officer and to discharge him for all amounts owed by the Respondent under the orders of this Court.

6. I remove the application from the list of cases awaiting finalisation.

IT IS NOTED that publication of this judgment under the pseudonym Child Support Registrar & Clifford (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYC 3027 of 2011

CHILD SUPPORT REGISTRAR

Applicant

And

MR CLIFFORD

Respondent

REASONS FOR JUDGMENT

1. I have the affidavits of Kathleen O’Gorman for the Applicant Child Registrar. I have read the recent affidavit by the Respondent, Mr Clifford. I have, of course, heard evidence from Mr Clifford on the previous occasion.

2. I have also taken into account the certificate under subsection 116(2) of the Child Support (Registration & Collection) Act 1988 which was filed today and I have marked as Exhibit 1. I am satisfied that it represents the amount currently owed by the Respondent.

3. I have read the proposed minutes of orders.  I am satisfied that the Court should make that declaration and should make the orders.

4. The Court declares that, as at 13^th December, 2011, the Respondent owes the Applicant the sum of $20,841.01, consisting of $15,273.86 in arrears of child support and $5,567.15 in late payment penalties.

5. The Court notes that any moneys payable by the Respondent pursuant to these orders are in addition to his ongoing liability to pay child support as assessed or varied from time to time.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Date:  9 February 2012