DUCKETT & ROBINSON

Case

[2015] FCCA 2275

11 August 2015


Details
AGLC Case Decision Date
Duckett and Robinson [2015] FCCA 2275 [2015] FCCA 2275 11 August 2015

CaseChat Overview and Summary

In the matter of *Duckett & Robinson*, heard by Judge Scarlett, the applicant sought and was granted leave to proceed ex parte. The core of the dispute involved an application to stay an administrative assessment of child support concerning a child named X, born in 2011, and to restrain the collection and disbursement of ongoing payments and any outstanding arrears related to that assessment.

The court was required to determine whether to grant the applicant's request for an ex parte order, which would allow the proceedings to continue without the respondent being present or notified. Furthermore, the court had to consider the merits of staying the child support assessment and collection, and restraining the Child Support Registrar from disbursing funds held under that assessment.

Judge Scarlett granted the application, ordering that the administrative assessment of child support be stayed. The collection of ongoing payments and any arrears was also stayed, as was any action by the Child Support Registrar to disburse money held in relation to the assessment. The applicant was ordered to serve a sealed copy of these orders on the Child Support Registrar within seven days, and the applicant's costs were reserved.
Details

Areas of Law

  • Administrative Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

  • Judicial Review

  • Jurisdiction

  • Costs

  • Natural Justice

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

4

Duckett & Robinson [2015] FCCA 997
Redmond & Redmond [2013] FamCAFC 161
Garth and Hope [2011] FMCAfam 41