Child Support Registrar & Kanavos

In the Family Court of Australia, the Child Support Registrar, acting under the Child Support (Registration and Collection) Act 1988 (Cth), sought leave to appeal against a decision of the Federal Magistrates Court, where the Registrar had been unsuccessful in their application for costs. The matter before the Family Court involved the Registrar’s application for costs against the father, who had been found to have knowingly provided false information to the Court regarding his financial circumstances. The father contested the application for costs and, subsequently, the Registrar’s application for leave to appeal the Federal Magistrates Court’s decision.

The legal issues for determination by the Family Court included whether the Registrar had established an error of principle justifying leave to appeal, and whether the Federal Magistrate had erred in failing to consider and apply s 117AB of the Family Law Act 1975 (Cth) in ordering costs. The court needed to clarify the meaning of "knowingly" in the context of s 117AB and to assess if the Registrar’s application for costs was subject to mandatory application under this section. The court also needed to decide whether the father’s unsuccessful appeal warranted an order for the Registrar’s costs of the appeal.

The Family Court held that the Registrar had demonstrated an error of principle by the Federal Magistrate, which warranted granting leave to appeal. The Court found that the Federal Magistrate had indeed erred in not considering and applying s 117AB of the Family Law Act, as the father knowingly made false statements to the Court. Given the clear findings of knowing misrepresentation, the application of s 117AB was deemed mandatory. The Court granted leave to appeal and allowed the appeal, setting aside the orders made by the Federal Magistrate. The Registrar’s application for costs was remitted for rehearing before the Federal Magistrates Court. The father was ordered to pay the Registrar’s costs of the appeal as agreed or assessed under Chapter 19 of the Family Court Rules 2004 (Cth).