CHILD SUPPORT REGISTRAR & BANCROFT

The Child Support Registrar, as applicant, sought to enforce a child support debt against the respondent, Mr. Bancroft. The dispute concerned arrears of child support, with the respondent claiming the relevant child support agreement was signed under duress. The original hard copy of the agreement could not be located, and no application had been made to set aside the agreement. The matter came before Judge Scarlett.

The court was required to determine whether the child support debt was enforceable, particularly in light of the respondent's claim of duress and the absence of the original agreement. Additionally, the court considered an application for costs made by the applicant.

Judge Scarlett reasoned that the respondent's claim of duress was not a defence to the enforcement of the debt, especially as no application had been made to set aside the agreement. The court found the respondent to be wholly unsuccessful in his defence.

The court ordered the respondent to pay the child support debt of $25,171.90 and the applicant's legal costs fixed at $6,036.00, totalling $31,207.90. This total debt was to be paid within three months. Until payment or further order, the respondent was restrained from dealing with his interest in a specified property in New South Wales, and his interest in that property was charged in favour of the applicant to secure the total debt. The applicant was at liberty to lodge a caveat over the property. The court noted that these payments were in addition to ongoing child support liabilities and that default in payment or breach of the property orders would render the total debt immediately due and payable, with the applicant at liberty to enforce the debt under the Federal Circuit Court Rules 2001.