FRISWELL & CHILD SUPPORT REGISTRAR

The Federal Circuit Court of Australia, before Judge Scarlett, considered an application by Ms. Friswell against the Child Support Registrar. Ms. Friswell sought to terminate a child support agreement, enforce that agreement, and obtain remission of child support debt, fines, and fees. The Registrar, in turn, applied for summary dismissal of Ms. Friswell's substantive application.

The court was required to determine whether Ms. Friswell's application had any reasonable prospects of success, thereby justifying summary dismissal. A related issue concerned the interpretation of the phrase "non-parent carer" within paragraph 83(1)(b) of the *Child Support (Assessment) Act 1989* (Cth), specifically whether it encompassed the Child Support Registrar. The court also considered an application to transfer the proceedings to the Wollongong Registry and the implications of a late-filed Response.

Judge Scarlett reasoned that Ms. Friswell's application lacked any reasonable prospects of success. The court found that the phrase "non-parent carer" in the Act did not refer to the Child Support Registrar, and therefore, Ms. Friswell's argument based on this interpretation was without merit. The court also noted that the late filing of the Response did not cause prejudice to Ms. Friswell, and the application for change of venue was not pursued. Consequently, the court summarily dismissed Ms. Friswell's application.

The orders made were that Ms. Friswell's application filed on 9 October 2013 be summarily dismissed. Ms. Friswell was also given twenty-one days from the date of the orders to file written submissions showing cause why she should not be ordered to pay the Respondent's costs.