Child Support Registrar and Scully

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & SCULLY [2009] FMCAfam 1233

CHILD SUPPORT – Enforcement – child support arrears – enforcement summons – Order 33 rule 9.

Child Support (Assessment) Act 1989, s.100
Child Support (Registration and Collection) Act 1988, s.116(2)
Family Law Act 1975, s.117
Federal Magistrates Court Rules 2001, rr.21.10, 25B.05, Schedules 1 and 5

Child Support Registrar & F & M Pty Ltd [2007] FMCAfam 477
Child Support Registrar & White [2008] FMCAfam 547
Stephens & Stephens [2007] FamCA 680

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MR SCULLY

File Number: SYC3690 of 2009

Judgment of: Sexton FM

Hearing dates: 16 October & 16 November 2009

Date of Last Submission: 16 November 2009

Delivered at: Sydney

Delivered on: 24 November 2009

REPRESENTATION

Counsel for the Applicant: Ms V. McWilliam

Solicitors for the Applicant: Australian Government Solicitors

Solicitors for the Respondent: In person

THE COURT DECLARES THAT:

1. As at 16 November 2009 there is owing to the Commonwealth in respect of amounts owing under the registered maintenance liabilities of the Respondent the sum of $37,572.37 (being $30,907.46 in arrears of child support and $6,664.91 in late payment penalties).

THE COURT ORDERS THAT:

1. The Respondent pay the sum of $37,572.37 to the Child Support Registrar within 3 calendar months.

2. The Respondent pay the Child Support Registrar’s costs in the sum of $6,000 within 3 calendar months.

3. Pending compliance with Orders (2) and (3), the Respondent in his capacity as a director of Scully & Co Pty Limited, [Scully] Nominees Pty Ltd, [P] Pty Ltd and [D] Pty Ltd be restrained from resigning as a Director, voluntarily winding up or deregistering any of the companies, or effecting any change in the shareholdings of the companies without the prior written consent of the applicant or leave of the Court.  

4. Pending compliance with Orders (2) and (3), the Respondent, in his capacity as a Director of [Scully] Nominees Pty Ltd, the trustee of the [V] Trust, (the trustee company) be restrained from doing any act or thing so as to enable the trustee company to further encumber, sell or otherwise deal with any of the assets of [V] Trust, without the prior written consent of the Applicant, or leave of the Court.

5. All other outstanding applications be dismissed.

IT IS NOTED

that publication of this judgment under the pseudonym
is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

Child Support Registrar & Scully

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYC3690 of 2009

CHILD SUPPORT REGISTRAR

Applicant

And

MR SCULLY

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter concerns enforcement of a debt owed by the Respondent to the Commonwealth for child support arrears in relation to the Respondent’s children, [X] aged 16 years, [Y] aged 13 years and [Z] aged 11 years.

2. The Applicant Child Support Registrar was represented by

   
   

   Ms McWilliam of counsel. The Respondent was unrepresented.

3. The Child Support Registrar filed an enforcement summons on

   
   

   23 June 2009. The Registrar seeks a declaration that…