CHILD SUPPORT REGISTRAR & BELL

[2014] FCCA 505

FEDERAL CIRCUIT COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & BELL [2014] FCCA 505

Catchwords:
CHILD SUPPORT – Enforcement – Child Support Debt – where Respondent failed to attend Court.

Legislation:

Family Law Act 1975, s.117(2A)(e)

Child Support (Registration and Collection) Act 1988 (Cth), s.116

Federal Circuit Rules 2001, r.13.03C, Part 2, Schedule 1

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MR BELL

File Number: SYC 7638 of 2013

Judgment of: Judge Scarlett

Hearing date: 11 March 2014

Date of Last Submission: 11 March 2014

Delivered at: Sydney

Delivered on: 11 March 2014

REPRESENTATION

Solicitor for the Applicant: Ms Cowden

Solicitors for the Applicant: Minter Ellison Lawyers

The Respondent: No appearance

DECLARATION

As at 11 March 2014 the Respondent owes the Applicant the sum of $25,886.45 (Child Support Debt) consisting of $21,071.22 in arrears of child support and $4,815.23 in late payment penalties.

ORDERS

1. The Respondent is to pay to the Applicant the Child Support Debt of $25,886.45.

2. The Respondent is to pay the Applicant’s costs fixed in the sum of $3,058.00.

3. The Respondent is to pay to the Applicant the amounts payable under Orders (1) and (2) above (the Total Debt) within 60 days of the date of these Orders.

4. Until Further Order of the Court or payment in full of the Total Debt:

   (a)The Respondent is restrained from assigning, transferring, further encumbering or dealing in any way with his interest in the real property located at:

   i)Property S in the State of New South Wales more particularly described in Certificate of Title Folio (omitted); and

   Property T, in the State of New South Wales more particularly described in Certificate of Title Folio (omitted),(the Real Property) 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 shall be at liberty to lodge a caveat over the Real Property to secure the interest created by this charge.

   (c)The Respondent is restrained from assigning, transferring, further encumbering or dealing in any way with his interest in his personal property, including but not limited to:

   i)Mazda (model omitted) (registration (omitted)); AND

   ii)Toyota (model omitted) (registration (omitted)),

   (Personal Property) without the proper 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 shall be at liberty to secure the interest created by this charge.

5. If the Respondent defaults in making any of the payments ordered to be paid under these Orders or deals with any of the Real Property or Personal Property in breach of these Orders or deals with any of the Real Property or Personal Property in breach of these Orders the amount of the Total Debt then outstanding will be immediately due and payable.

AND THE COURT NOTES THAT:

A. Any monies payable by the Respondent under these Orders are in addition to his ongoing liability to pay child support as assessed or varied from time to time.

B.  If the Respondent defaults in making any of the payments ordered to be paid under these Orders or deals with any of the Real Property in breach of these Orders, the Applicant may proceed to enforce the Total Debt then owing in accordance with Part 25B of the Rules including Subdivision 25B.2.3 – Enforcement Warrants, and/or Subdivision 25B.2.4 – Third Party Debt Notice.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 7638 of 2013

CHILD SUPPORT REGISTRAR

Applicant

And

MR BELL

Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application in a Case seeking a declaration that the Respondent owes to the Applicant, the Child Support Registrar, a debt consisting of $21,071.22 in arrears of child support and $4,815.23 in late payment penalties. The Registrar also seeks orders for payment of the child support debt and an order for costs.

2. The Respondent has not attended Court, even though he was served with the documents by hand on 24^th January 2014. He has not filed a Response, a Financial Statement or an affidavit.

3. The Application was returnable on 28^th January 2014. The Respondent did not attend Court on that date.

4. The Application was set down for hearing today and an Order was made saying:

   The Respondent is to attend Court on the next occasion or Orders may be made in his absence.

5. The Respondent has not attended Court, nor has he sent any message explaining that he has been delayed, hindered or prevented from attending Court due to illness, injury or other emergency.

6. Due to the Respondent’s unexplained absence from the hearing, the Court has decided to proceed with the hearing generally under the provisions of Rule 13.03C(1)(e).

Hearing

1. The Registrar relied on:

   a)the affidavit of Ms V of 19^th December 2013; and

   b)a certificate under s.116(2) of the Child Support (Registration and Collection) Act 1988 (Cth).

2. Ms V also gave short oral evidence. The certificate under s.116(2) showed a total amount of $25,886.45 owing as at 7 March 2014, made up as follows:

   a)Child support debt $21,071.22; and

   b)Penalties of $4,815.23.   

Conclusions

1. The Registrar has established that the Respondent owes the sum of $25,886.45, being arrears of child support and $4,815.23 in late payment penalties. I propose to make a declaration to that effect.

2. Orders will be made to enforce the payment of the outstanding amounts.

Costs

1. The Registrar seeks an order for costs in the sum of $3,058.00. The Respondent has been wholly unsuccessful in these proceedings (Family Law Act 1975, s.117(2A)(e)) and it appears that this is a matter where a costs order is warranted. The amount sought is in accordance with the scale of costs in Part 2 of Schedule 1 of the Rules and it appears to be an appropriate amount to order.

2. The Respondent is to pay the Child Support Registrar’s costs fixed in the sum of $3,058.00.

I certify that the preceding twelve (12) paragraphs are a true copy of the reasons for judgment of Judge Scarlett

Date:  14 March 2014