Child Support Registrar and Cook

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & COOK [2008] FMCAfam 599

CHILD SUPPORT – Contravention – reasonable excuse not proved – deliberate fraud or contravention – imprisonment – sentence suspended.

Family Law Act 1975, ss.112AA, 112AB, 112AC, 112AD, 112AE
Child Support (Assessment) Act1989, ss.3, 4
Child Support (Registration and Collection) Act 1988, s.3

Dobbs & Brayson [2007] FamCA 1261
Elspeth & Peter [2007] FamCA 655
Sahari & Sahari (1976) FLC 90-086
Tate & Tate (2003) FLC 93-138

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MR COOK

File Number: SYM 6865 of 2006

Judgment of: Altobelli FM

Hearing date: 28 April 2008

Date of Last Submission: 28 April 2008

Delivered at: Sydney

Delivered on: 12 June 2008

REPRESENTATION

Solicitor-Advocate for the Applicant: Ms Hawkins

Solicitors for the Applicant: Australian Government Solicitors

The Respondent: Self-represented

ORDERS

1. That the Respondent did contravene orders made 16 January 2007 without reasonable excuse and the application in this respect is proved.

2. MR COOK  is sentenced to a period of imprisonment for a period of two (2) months, such sentence to be suspended upon the following conditions:

   (a)That MR COOK pay the debt due to the Commonwealth in respect of amounts owing under the registered maintenance liability of the Respondent as at 28 April 2008 ($37,369.43) within a period of six (6) months of the making of these Orders.

IT IS NOTED that publication of this judgment under the pseudonym Child Support Registrar & Cook is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYM 6865 of 2006

CHILD SUPPORT REGISTRAR

Applicant

And

MR COOK

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter is the hearing of a Contravention Application filed by the applicant, the Child Support Registrar, on 12 November 2007. The respondent is Mr Cook. The applicant alleges that the respondent, without reasonable excuse, failed to pay to the applicant the amounts payable under Order 4 of the Orders made by myself on 16 January 2007. In their entirety those orders state:

   THE COURT DECLARES THAT:

   1. There is owing to the Commonwealth in respect of amounts owing under the registered maintenance liabilities of the Respondent the sum of $23,213.68 (being $20,394.88 in arrears of child support and $2,818.80 in late payment penalties).

   THE COURT ORDERS THAT:

   2.  That the Respondent pay to the Child Support Registrar the sum of $23,213.68.

   3.  That the Respondent pay to the Child Support Registrar the costs of the Commonwealth fixed in the sum of $2505.00

   4.  That payment of the amounts payable in orders 2 and 3 herin[sic] be paid to the Applicant within 150 days.

2. It should be noted that those orders were made after a hearing, and were not consent orders. On both occasions, i.e. 16 January 2007 and at the current hearing, the applicant was represented by Ms Hawkins from the Australian Government Solicitor and the respondent represented himself. He was assisted by a court-ordered Turkish interpreter.

Background

1. The respondent is the…