Child Support Registrar and Kinross
[2011] FMCAfam 1400
•6 December 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CHILD SUPPORT REGISTRAR & KINROSS | [2011] FMCAfam 1400 |
| CHILD SUPPORT – Enforcement – child support debt – where respondent did not attend court – default of appearance by party. |
| Child Support (Registration and Collection) Act 1988 (Cth), s.116 Federal Magistrates Court Rules 2001, r.13.03C |
| Applicant: | CHILD SUPPORT REGISTRAR |
| Respondent: | MR KINROSS |
| File Number: | SYC 5037 of 2011 |
| Judgment of: | Scarlett FM |
| Hearing date: | 6 December 2011 |
| Date of Last Submission: | 6 December 2011 |
| Delivered at: | Sydney |
| Delivered on: | 6 December 2011 |
REPRESENTATION
| Solicitor for the Applicant: | Ms Jones |
| Solicitors for the Applicant: | Australian Government Solicitor |
| Respondent: | No Appearance |
ORDERS
The Respondent is to pay to the Applicant the child support debt of $10,726.88.
The Respondent is to pay to the Applicant the sum of $2,988.50 toward the Applicant’s legal costs.
The Respondent is to pay to the Applicant the sum of $13,715.38, comprising the child support debt as declared above and the Applicant’s legal costs, within 90 days from the date of these orders.
I further order that on or before 9 March 2012, the Respondent is to lodge with the Australian Taxation Office all the outstanding personal income tax returns for the financial years ended 30 June 2001 to 30 June 2011, inclusive.
Until further order of the Court or payment in full of the total debt, the following provisions shall apply:
(a)The Respondent is restrained from selling, assigning, transferring, encumbering, or dealing in any way with his interest in the real property at Property W, in the state of New South Wales, described in Certificate of Title Folio [omitted], without the prior written consent the Applicant.
(b)The Respondent’s interest in the real property is to be charged in favour of the Applicant for the total debt. The Applicant is to be at liberty to lodge a caveat over the real property to secure the interest created by this charge.
(c)The Respondent is hereby restrained from assigning, transferring, further encumbering, or dealing in any way with his interest in his personal property, without the prior written consent of the Applicant.
(d)The Respondent’s interest in his personal property is to be charged in favour of the Applicant for the total debt, and the Applicant is to be at liberty to lodge an encumbrance over the personal properties to secure the interest created by this charge.
If the Respondent defaults in making any of the payments under these orders, or deals with any of the personal property or 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 proscribed personal property as the Enforcement Officer may consider sufficient to meet the reasonable costs of the Enforcement Officer, and to discharge in full all amounts owed by the Respondent under the orders of this Court.
The application will be removed from the list of cases awaiting finalisation.
IT IS NOTED that publication of this judgment under the pseudonym Child Support Registrar & Kinross is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYC 5037 of 2011
| CHILD SUPPORT REGISTRAR |
Applicant
And
| MR KINROSS |
Respondent
REASONS FOR JUDGMENT
The proceeding before the Court is an application by the Child Support Registrar, seeking payment of a child support debt which is now, on the evidence before me, amounting to $10,726.88.
The Registrar experienced some difficulty in serving the Respondent, and on 25th October 2011, Lindsay FM made orders for substituted service. I see from the affidavit of Rebecca Jones, solicitor, affirmed 1st December 2011, that the orders for substituted service have been complied with.
The Respondent has not attended Court. The Respondent was called outside the Courtroom three times. At 10:26am there was no appearance by or on behalf of the Respondent. No message has been received from the Respondent indicating that he has been delayed or hindered or prevented from attending Court for any reason. The fact is that the Respondent just has not appeared. In my view, it is appropriate for this court to deal with the matter under the provisions of rule 13.03C of the Federal Magistrates Court Rules 2001.
I have read the minutes of orders proposed, and I note that the Child Support Registrar is relying on a certificate under subsection 116(2) of the Child Support (Registration and Collection) Act 1988. I have seen a chronology setting out all the relevant dates, and I have read the affidavit evidence of Mr B, setting out the circumstances by which the child support debt arose.
I am satisfied that I should proceed to finality with this matter, and the Court declares that as at 5th December 2011, the Respondent owes the Applicant the sum of $10,726.88, consisting of $9,007.27 in arrears of child support, and $1719.61 in late payment penalties.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Date: 15 December 2011
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