CORNESS & CAMERON - [2005] FMCAfam 558

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CORNESS & CAMERON

[2005] FMCAfam 558

CHILD SUPPORT – Departure.

Child Support (Assessment) Act1989, ss.110, 116, 124, 125
Child Support (Registration and Collection) Act1988, s.38A
Family Law Act1975, s.66L

Cosgrove v Cosgrove (1996) FLC 92-770
In the Marriage of Gyselman (1992) 15 FLR 219
Savery and Savery (1990) FLC 92-131
Hides v Hatton (1997) FLC 92-759
DJM v JML (1998) FLC 92-816
F & S (2003) FMCAfam 531

Applicant:

Patricia katherine corness

Respondent:

stewart james cameron

File Number:

BRM 5018 of 2004

Judgment of:

Jarrett FM

Hearing dates:

12 May and 23 June, 2005

Date of Last Submission:

23 June, 2005

Delivered at:

Brisbane

Delivered on:

18 October, 2005

REPRESENTATION

The Applicant appeared in person

The Respondent appeared in person

ORDERS

That the provisions of the Child Support (Assessment) Act1989 that administratively determine the liability of the respondent to pay child support in respect of the children Andrew Cameron born on 10 October, 1986 and Matthew Cameron born 24 September, 1990, be departed from as follows:
(a)To the annual rate of $2,193.96 for the child support period from 1 May, 2004 – 14 July, 2004;
(b)
To the annual rate of $5,727.96 for the child support period

15 July, 2004 – 9 October, 2004.
That the provisions of the Child Support (Assessment) Act1989 that administratively determine the liability of the respondent to pay child support in respect of the child Matthew Cameron born 24 September, 1990, be departed from as follows:
(a)
To the annual rate of $4,185.96 for the child support period

10 October, 2004 – 31 July, 2005.
That pursuant to s.124 of the Child Support (Assessment) Act1989 the respondent shall pay child support in respect of the children Andrew Cameron born on 10 October, 1986 and Matthew Cameron born

24 September, 1990 by payment of the sum of $3,435.12 and same shall be paid to the applicant forthwith.
That pursuant to s.125 of the Child Support (Assessment) Act1989 the amount ordered to be paid in the preceding paragraph not be credited against the respondent's liability for child support under any assessment made under the Act.
All other applications are dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
BRISABANE

BRM 5018 of 2004

PATRICIA KATHERINE CORNESS

Applicant

And

STEWART JAMES CAMERON

Respondent

REASONS FOR JUDGMENT

By her amended application filed on 3 May, 2005 the applicant seeks the following orders:
1.THAT CHILD SUPPORT BE $90 PER WEEK PAID MONTHLY WITH COST OF LIVING ADJUSTMENTS ADDED TO BE PAID MONTHLY FOR MATTHEW CAMERON TILL 18 YEARS COLLECTED BY CHILD SUPPORT AGENCY.
2.50% OF ALL DENTAL, MEDICAL, ORTHODONTIC, PODIATRIC, OPTICAL, PHYSIO AND ALL MEDICAL EXPENSES AND COSTS UNTIL MATTHEW CAMERON IS 18 YEARS OLD.
3.50% OF SCHOOL FEES AND COSTS INCLUDES CAMPS, BOOKS, UNIFORMS, FORMALS, SPORTS ETC FROM JANUARY 2004 UNTIL MATTHEW CAMERON FINISHES HIS COLLEGE EDUCATION.
4.25% OF SCHOOL COSTS FOR ANDREW AND MATTHEW CAMERON FROM SEPTEMBER 1999 TO DECEMBER…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading CORNESS & CAMERON

Details

AGLC: CORNESS & CAMERON [2005] FMCAfam 558
Case: [2005] FMCAfam 558
Decision Date: 18 October, 2005

CaseChat Overview and Summary

The matter of Corness & Cameron involved a dispute over child support payments determined under the Child Support (Assessment) Act 1989. The respondent was required to pay child support for two children, Andrew and Matthew Cameron. The applicant sought to alter the predetermined child support amounts and requested immediate payment of a specific sum. The case was heard in the relevant Australian court, which had jurisdiction over matters concerning child support.

The primary legal issues before the court were whether the predetermined child support amounts should be altered for specific periods and whether the respondent should be ordered to make an immediate payment of a particular sum to the applicant. The court had to consider whether the statutory provisions should be departed from in light of the circumstances presented by the applicant.

In deciding the case, the court thoroughly examined the statutory framework of the Child Support (Assessment) Act 1989. The court found that the statutory provisions could be departed from to reflect the specific needs and circumstances of the children. The court was satisfied that the altered payment amounts and the immediate payment order were necessary to ensure the children's welfare. The court concluded that the statutory provisions could be appropriately varied and that the respondent should make the immediate payment as ordered.

The final orders of the court were that the predetermined child support amounts be altered for specific periods and that the respondent pay a specific sum immediately to the applicant. The court also specified that this payment should not be credited against any future child support liabilities. All other applications were dismissed.

Orders

Orders of the court

That the provisions of the Child Support (Assessment) Act 1989 that administratively determine the liability of the respondent to pay child support in respect of the children Andrew Cameron born on 10 October, 1986 and Matthew Cameron born 24 September, 1990, be departed from as follows:

(a) To the annual rate of $2,193.96 for the child support period from 1 May, 2004 – 14 July, 2004;

(b)

To the annual rate of $5,727.96 for the child support period

15 July, 2004 – 9 October, 2004.

That the provisions of the Child Support (Assessment) Act 1989 that administratively determine the liability of the respondent to pay child support in respect of the child Matthew Cameron born 24 September, 1990, be departed from as follows:

(a)

To the annual rate of $4,185.96 for the child support period

10 October, 2004 – 31 July, 2005.

That pursuant to s.124 of the Child Support (Assessment) Act 1989 the respondent shall pay child support in respect of the children Andrew Cameron born on 10 October, 1986 and Matthew Cameron born

24 September, 1990 by payment of the sum of $3,435.12 and same shall be paid to the applicant forthwith.

That pursuant to s.125 of the Child Support (Assessment) Act 1989 the amount ordered to be paid in the preceding paragraph not be credited against the respondent's liability for child support under any assessment made under the Act.

All other applications are dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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