FRISWELL & CHILD SUPPORT REGISTRAR (No.2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

FRISWELL & CHILD SUPPORT REGISTRAR (No.2) [2016] FCCA 1545

Catchwords:
CHILD SUPPORT – Application to terminate Agreement.

COSTS – Application for costs – where substantive Application was summarily dismissed – where no submission made as to why Applicant should not pay the costs of the Child Support Registrar.

Legislation:

Family Law Act 1975 (Cth), s.117

Federal Circuit Court Rules 2001 (Cth), Sch.1, pt.2, div.1

Cases cited:

Friswell & Child Support Registrar [2016] FCCA 869

Applicant: MS FRISWELL

Respondent: CHILD SUPPORT REGISTRAR

File Number: WOC 521 of 2007

Judgment of: Judge Scarlett

Hearing date: 19 April 2016

Date of Last Submission: 19 April 2016

Delivered at: Sydney

Delivered on: 28 June 2016

REPRESENTATION

Applicant: No Appearance

Solicitor for the Respondent: Ms Taah

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The Applicant is to pay the costs of the Respondent Child Support Registrar fixed in the sum of $5,251.50.

2. The Applicant is allowed three (3) months to pay.

IT IS NOTED that publication of this judgment under the pseudonym Friswell & Child Support Registrar (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

WOC 521 of 2007

MS FRISWELL

Applicant

And

CHILD SUPPORT REGISTRAR

Respondent

REASONS FOR JUDGMENT

Application for Costs

1. This is an Application for costs by the Child Support Registrar, arising from the summary dismissal of the Applicant’s Application on 19^th April 2016 (Friswell & Child Support Registrar[1]). Order (2) made on that date was:

   (2)Within twenty-one (21) days of the date of these Orders, the Applicant may file and serve a written submission showing cause why an Order should not be made requiring her to pay the Respondent’s costs of these proceedings in accordance with Schedule 1 to the Rules.

   [1] [2016] FCCA 869

2. No written submission has been filed or served. The Applicant has not given any information to the Court as to why an order for costs should not be made.

Costs in Child Support Proceedings

1. Costs in proceedings under the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth) are dealt with in the same was as family law proceedings, which means that the Court considers the matters set out in s.117 of the Family Law Act 1975 (Cth).

2. If the Court makes an Order for costs, those costs will be calculated on the basis of the scale of costs set out in Division 1 of Part 2 of Schedule 1 to the Federal Circuit Court Rules 2001.

Consideration

1. The Child Support Registrar, in a written submission dated 17^th February 2014 and filed in Court on 18^th March 2014, submitted that the substantive Application should be dismissed and costs should be payable in accordance with Schedule 1 to the Rules.

2. In the decision of 19^th April 2016 dismissing the Application, I considered the operation of s.117 of the Family Law Act 1975, and specifically considered…