FEDERAL CIRCUIT COURT OF AUSTRALIA
| DALTON & MUNRO & ANOR | [2015] FCCA 2945 |
| Catchwords: CHILD SUPPORT – Child support assessment – application for amendment of administrative assessment – where Applicant did not lodge income tax returns for the 2011, 2012 and 2013 financial years until 2014 – where deemed income used for purposes of child support assessment. |
| Legislation: Child Support (Assessment) Act 1989 (Cth), ss.58, 58A, 111, 112, 116, 118 Family Law Act 1975 (Cth), s.117 Children and Young Persons (Care and Protection) Act 1998 (NSW), s.49 |
| Cases cited: Bagala & Bagala (2009) FLC 98-043; [2009] FMCAfam 953 Bauer & Becker (2009) FLC 98-042; [2009] FMCAfam 480 Cantrell & Jennings [2009] FMCAfam 229 Child Support Registrar & Rawlings [2013] FCCA 370 Gilmour & Gilmour (1994) 18 Fam LR 646; (1995) FLC 92-591 Hacherl & Berrios [2010] FMCAfam 668 Whitford & Whitford (1979) 4 Fam LR 754; FLC 90-612 |
| Applicant: | MR DALTON |
| First Respondent: | MS MUNRO |
| Second Respondent: | CHILD SUPPORT REGISTRAR |
| File Number: | SYC 3682 of 2013 |
| Judgment of: | Judge Scarlett |
| Hearing date: | 11 November 2014 |
| Date of Last Submission: | 11 November 2014 |
| Delivered at: | Sydney |
| Delivered on: | 24 June 2015 |
REPRESENTATION
| Counsel for the Applicant: | Ms Gibbons |
| Solicitors for the Applicant: | Hunter Family Law Centre Pty Ltd |
| Counsel for the First Respondent: | Ms Barnett |
| Solicitors for the First Respondent: | Powe & White Family Lawyers |
| Solicitor for the Second Respondent: | Ms Taah |
| Solicitors for the Second Respondent: | Australian Government Solicitor |
ORDERS
The Further Amended Application filed on 20 October 2014 is dismissed.
Written submissions in support of any application for costs and any affidavits setting out the way in which the costs sought are quantified are to be filed and served within 28 days of the date of these Orders.
Any written submissions in opposition to any application for costs are to be filed and served within a further period of 14 days.
IT IS NOTED that publication of this judgment under the pseudonym Dalton & Munro & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYC 3682 of 2013
| MR DALTON |
Applicant
And
| MR MUNRO |
First Respondent
| CHILD SUPPORT REGISTRAR |
Second Respondent
REASONS FOR JUDGMENT
Application
This is an Application for departure from administrative assessment of child support, including an application to amend the administrative assessment of child support.
The Application is opposed by the First Respondent, the payee, and the Second Respondent, the Child Support Registrar.
Orders Sought
The Applicant originally filed an Application on 14 April 2014. The First Respondent filed her Response on 5 August 2014, seeking dismissal of the Application for both Interim and Final Orders.
The Applicant then filed an Amended Application on 13 August 2014. The First Respondent maintained her earlier Response.
The Applicant filed a Further Amended Initiating Application on 20 October 2014. It is this Application, somewhat amended, which proceeded to a hearing on 11 November 2014.
The Applicant seeks the following…
Continue reading Dalton and Munro and Anor
Sign in free to access the full text
- AGLC
- Dalton and Munro and Anor [2015] FCCA 2945
- Case
- [2015] FCCA 2945
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the Further Amended Application filed on 20 October 2014 should be granted. The Court was required to determine the merits of this application and, consequently, the appropriate orders to make.
Judge Scarlett dismissed the Further Amended Application. Following this determination, the Court made orders regarding the process for any subsequent applications for costs, setting timelines for the filing and service of supporting submissions and affidavits, as well as any opposing submissions.
Orders
Orders of the court
1.
The Further Amended Application filed on 20 October 2014 is dismissed.
2.
Written submissions in support of any application for costs and any affidavits setting out the way in which the costs sought are quantified are to be filed and served within 28 days of the date of these Orders.
3.
Any written submissions in opposition to any application for costs are to be filed and served within a further period of 14 days.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.