CHILD SUPPORT REGISTRAR & DEANE

[2013] FCCA 1659

FEDERAL CIRCUIT COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & DEANE [2013] FCCA 1659

Catchwords:
CHILD SUPPORT – Enforcement – child support debt – where respondent failed to attend court.

Legislation:

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

Federal Circuit Court Rules 2001 r.13.03C

Applicant: CHILD SUPPORT REGISTRAR

Respondent: MS DEANE

File Number: SYC 3849 of 2013

Judgment of: Judge Scarlett

Hearing date: 15 October 2013

Date of Last Submission: 15 October 2013

Delivered at: Sydney

Delivered on: 15 October 2013

REPRESENTATION

Solicitor for the Applicant: Ms Taah

Solicitors for the Applicant: Australian Government Solicitor

The Respondent: No Appearance

DECLARATION

As at 15 October 2013 the Respondent owes the Applicant the sum of $13,614.82 (“child support debt”) consisting of $12,677.58 in arrears of child support and $937.24 in late payment penalties.

ORDERS

1. The Respondent is to pay to the Applicant the child support debt of $13,614.82.

2. The Respondent is to pay to the Applicant the sum of $2,880.00 toward the Applicant’s legal costs.

3. The Respondent is to pay to the Applicant the sum of $16,494.82 (“total debt”) comprising the child support debt as declared above and the Applicant’s legal costs within ninety (90) days from the date of these Orders.

Tax Returns

1. On or before 30 November 2013, the Respondent is to lodge with the Australian Taxation Office all outstanding personal income tax returns for the financial years ended 30 June 2012 and 30 June 2013.

Security

1. Until further Order of the Court or payment in full of the total debt the following provisions apply:

Real property

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

(i)Property M, in the State of New South Wales more particularly described in Certificate of Title Folio Identifier (omitted) (the Property M property)

Property F, in the State of Queensland more particularly described in Certificate of Title Folio Identifier (omitted) on Building Unit Plan (omitted) (the Property F 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 is at liberty to lodge a caveat over the real property to secure the interest created by this charge).

Personal property

(c)The Respondent is hereby restrained from assigning, transferring, further encumbering or dealing in any way with her interest in her personal property without the prior written consent of the Applicant.

(d)The Respondent’s interest in her personal property is to be charged in favour of the Applicant for the total debt (and the Applicant is at liberty to lodge an encumbrance over the personal property to secure the interest create by this charge.

Enforcement Orders

1. If the Respondent defaults in making any of the payments ordered to be paid under these orders or deals with any of the personal property or real property in breach of these orders, the amount of the total debt then outstanding shall be immediately due and payable.

AND THE COURT NOTES THAT

(a)Any monies payable by the Respondent under these Orders are in addition to her 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 personal property or 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 Federal Circuit Court Rules 2001 (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 & Deane is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 3849 of 2013

CHILD SUPPORT REGISTRAR

Applicant

And

MS DEANE

Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application by the Child Support Registrar for the enforcement of payment of arrears of child support and late payment penalties owing by the Respondent. The amount sought is the sum of $13,614.82 made up as follows:

   a)Child Support debt $12,677.58; and

   b)Late payment penalties $937.24.

2. The child support payable is for two children, a girl born on (omitted) 1995 (now aged 18) and a boy born on (omitted) 1997 (now aged 16).

3. The Child Support Registrar also seeks an order for costs.

The hearing

1. The Respondent has not attended court. An order for substituted service was made on 13^th August 2013. The Child Support Registrar relies on two affidavits to show that service has been effected in accordance with the Order.

2. On 10^th September 2013 Ms A, a legal assistant, deposed that on 9^th September she had caused three letters to be sent to the Respondent, each at a different address, containing sealed copies of the Application in a Case and other documents.

3. On 11^th October 2013 Ms J, a solicitor, affirmed that she had telephoned the Respondent on 23^rd July 2013 and spoken to her about the case. She also deposed that she had telephoned the Respondent and left messages for her on the following dates:

   a)1^st August 2013;

   b)19^th September 2013;

   c)29^th September 2013; and

   d)11^th October 2013.

4. The Respondent did not attend court when the matter was called. No correspondence has been received from the Respondent nor has any Response or affidavit been filed on her behalf.

5. I am satisfied as to service. The Child Support Registrar now seeks to proceed with the hearing generally under the provisions of Rule 13.03C. This is an appropriate application in the circumstances.

Evidence

1. The Child Support Registrar relies on the following:

   a)A certificate under sub-section 116(2) of the Child Support (Registration and Collection) Act 1988 (Cth);

   b)A document under sub-section 116(1) of the Act entitled Your Child Support Assessment; and

   c)A Child Support Payer Transaction Statement.

2. Ms Taah, who appeared for the Child Support Registrar, also tendered a Minute of Proposed Orders and a Schedule of Costs in accordance with Part 2 of Schedule 2 of the Rules. The Registrar is seeking the amount of $2,880.00 in accordance with the schedule.

Conclusions

1. I am satisfied that the Respondent owes to the Child Support Registrar the sum of $13,614.82 made up of the child support debt of $12,677.58 and $937.24 in late payment penalties.

2. I am also satisfied that this is a matter where an order for costs should be made. There is evidence that the Respondent has some financial resources available to her. The Respondent has taken no steps to meet the claim brought by the Child Support Registrar which has necessitated these proceedings. The lump sum costs provided by the schedule in the amount of $2,880.00 appears to be an appropriate amount and I will order accordingly.

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

Date: 18 October 2013