FERRIS & DOUGLAS (No.2)
Case
•
[2017] FCCA 2035
•30 August 2017
Details
AGLC
Case
Decision Date
Ferris and Douglas (No.2) [2017] FCCA 2035
[2017] FCCA 2035
30 August 2017
CaseChat Overview and Summary
The parties in this matter were the Father, who sought a stay of child support payments, and the Mother, who opposed this application. The dispute concerned the Father's application under section 111C of the *Child Support (Registration and Collection) Act 1988* (Cth) for a stay on the collection and enforcement of child support payments. This application was made pending the determination of his separate departure application under section 117 of the *Child Support (Assessment) Act 1989* (Cth). The Mother sought that, if a stay were granted, the Father be ordered to pay $100 per child per week until the hearing of his departure application. The matter was heard by Judge Bender.
The court was required to determine whether to grant the Father's application for a stay on the collection and enforcement of child support payments. Additionally, the court considered the Mother's request for a conditional payment order should a stay be granted.
Judge Bender ordered a stay on the collection and enforcement of child support arrears payable by the Father to the Mother for the three children. This stay was to remain in effect until 30 April 2018, pending the final hearing of the Father's departure application.
The court was required to determine whether to grant the Father's application for a stay on the collection and enforcement of child support payments. Additionally, the court considered the Mother's request for a conditional payment order should a stay be granted.
Judge Bender ordered a stay on the collection and enforcement of child support arrears payable by the Father to the Mother for the three children. This stay was to remain in effect until 30 April 2018, pending the final hearing of the Father's departure application.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Stay of Proceedings
-
Jurisdiction
-
Remedies
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Jones v Child Support Registrar
[2007] FCA 1732
Onder and Child Support Agency and Sari
[2010] FMCAfam 693
Abani & Abani & Anor (SSAT Appeal)
[2014] FCCA 2058