Child Support Registrar and Stuckey

[2011] FMCAfam 1403

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & STUCKEY [2011] FMCAfam 1403

CHILD SUPPORT – Enforcement – child support debt – where respondent did not attend court – default of appearance.

Child Support (Registration and Collection) Act 1988 (Cth) s.116
Federal Magistrates Court Rules 2001, r.13.03C

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MR STUCKEY

File Number: SYC 5014 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: Mr Nguyen

Solicitors for the Applicant: Australian Government Solicitor

Respondent: No Appearance

ORDERS

1. The Respondent is to pay to the Applicant the child support debt of $16,282.86. 

2. The Respondent is to pay to the Applicant the sum of $2,908.50 toward the Applicant’s legal costs. 

3. The Respondent is to pay the Applicant the sum of $19,191.36 comprising the child support debt as declared above and the Applicant’s legal costs within 60 days from the date of these orders. 

4. 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, further encumbering or dealing in any way with his interests in the real property at Property P in the State of New South Wales described in the Certificate of Title Folio [omitted] without the prior written consent of the Applicant.

   b)The Respondent’s interest in the real property is to be charged in favour of the Applicant for the total debt, and 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 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 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 prescribed 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 arrears of this Court. 

6. I note that any moneys payable by the Respondent pursuant to these orders are in addition to his ongoing liability to pay child support as assessed to have varied from time to time. 

7. The application to be removed from the list of cases awaiting finalisation.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYC 5014 of 2011

CHILD SUPPORT REGISTRAR

Applicant

And

MR STUCKEY

Respondent

REASONS FOR JUDGMENT

1. It is appropriate to proceed under rule 13.03C of the Federal Magistrates Court Rules. I am satisfied as to the service on the Respondent in October 2011.

2. I note there is no appearance by or on behalf of the Respondent at 10:52am. No message has been received from the Respondent or anyone on his behalf indicating that he has been hindered, prevented or delayed from attending Court due to illness or injury or any other emergency; he has not appeared. This is an appropriate matter to be dealt with with to finality under rule 13.03C.

3. I note the orders that are sought by the Applicant. I note the certificate under subsection 116(2) of the Child Support (Registration andCollection) Act certifying that a total amount of 16,282.86 is due and payable.  I have read the affidavit of Ms O, affirmed on 17^th August 2011, and the various documents annexed to it.  I also note that the Applicant seeks costs, and I am satisfied that this is an appropriate matter for an order for costs to be made. 

4. I make the following declaration:

   As at 6^th December 2011, the Respondent owes the Applicant the sum of $16,282.86 cents, consisting $14,967.92 in arrears of child support, and $1,314.94 in late payment penalties.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Date:  15 December 2011