Child Support Registrar and White

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & MR WHITE [2008] FMCAfam 547

CHILD SUPPORT – Enforcement – child support arrears – Enforcement Summons – respondent failing to attend court – application for enforcement orders in respondent’s absence – whether Federal Magistrates Court Rules 2001, r.13.01A, applies – whether powers under Federal Magistrates Court Rules 2001, Sch.5, O.33 r.3(9) can be exercised in respondent’s absence – oral application for enforcement orders – procedural fairness.

Federal Magistrates Court Rules 2001, rr.13.01A, Sch.5, O.33, 3(9)

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MR WHITE

File number: PAC 5440 of 2007

Judgment of: Halligan FM

Hearing date: 13 March 2008

Date of last submission: 13 March 2008

Delivered at: Parramatta

Delivered on: 13 March 2008

REPRESENTATION

Solicitors for the Applicant: Ms Hawkins

Solicitors for the Respondent: No Appearance

ORDERS

1. Orders are made in accordance with the Minute of Order, exhibit C.

2. The applicant's solicitor shall lodge a typescript of exhibit C and the form of order with my associate within seven days.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PARRAMATTA

PAC 5440 OF 2007

CHILD SUPPORT REGISTRAR

Applicant

And

MR WHITE

Respondent

REASONS FOR JUDGMENT

1. This is the second occasion an enforcement summons against the respondent has come before the Court  The matter first came before the Court on 15 November 2007 when the respondent appeared in person.  On that occasion orders were made adjourning the matter until today and, amongst other things, providing that the respondent was to provide to the applicant's solicitors copies of his tax returns by no later than 30 December 2007. The solicitor for the applicant advises that this order was not complied with by the respondent.

2. The orders of 15 November 2007 included provisions, being orders made by consent, which declared the amount of the arrears as at that date in relation to child support and late penalties totalling $37,876.65. The terms agreed to on that occasion also provided that the respondent was to pay to the Child Support Registrar the sum of $50 per fortnight until 30 December 2007 and thereafter $100 per fortnight until the adjourned date towards the arrears. The applicant's costs were reserved. It was noted that the $50 per fortnight and then $100 per fortnight was in addition to the respondent's ongoing liability. Again, the solicitor for the applicant advises the Court that the respondent has not met these payments.

3. There is no appearance by or on behalf of the respondent today and in those circumstances the applicant seeks orders in terms of a document which has been submitted to me and for identification purposes I have marked as exhibit C. It seeks to declare the current level of arrears in accordance with a certificate of arrears under s.116(2) of the Child Support (Registration and Collection) Act 1988 as at yesterday's date.

   
   

   I…