Cooper and Kingsley

Case

[2013] FCCA 277

13 May 2013


Details
AGLC Case Decision Date
COOPER & KINGSLEY [2013] FCCA 277 [2013] FCCA 277 13 May 2013

CaseChat Overview and Summary

In the matter of *Cooper and Kingsley*, heard before Judge Myers, the dispute concerned the discharge of existing spousal and child maintenance orders and the application of funds previously garnished by the Child Support Agency. The applicant sought to resolve outstanding maintenance liabilities and penalties.

The court was required to determine whether to discharge the spousal and child maintenance orders made in 1989, how to apply the $35,000 garnished by the Child Support Agency, and whether to request the waiver of penalties incurred by the applicant.

Judge Myers ordered the discharge of the spousal and child maintenance orders as at the date of the current orders. The court further directed that the $35,000 garnished by the Child Support Agency be applied to reduce any outstanding liability for child or spousal maintenance, with any remaining arrears to be reduced to nil. Finally, the court requested that the Child Support Registrar waive all penalties payable by the applicant arising from the collection of monies under the previous maintenance orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Penalty

  • Costs

Actions
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Cases Citing This Decision

31

Grange & Grange [2021] FamCA 401
POWELL & CHRISTENSEN [2020] FamCA 944
Wyatt and Wyatt [2020] FamCA 406
Cases Cited

2

Statutory Material Cited

2

Wreford & Caley [2010] FamCAFC 21
Mathieson & Hamilton [2006] FMCAfam 238