Gallagher v Child Support Registrar

In the matter of *Gallagher v Child Support Registrar*, Mr Gallagher, the applicant, sought the continuation of a stay order against the Child Support Registrar, the respondent. The dispute arose after Mr Gallagher became aware of child support deductions from his tax return, having not received prior notification from the Child Support Agency. He subsequently received notices from Services Australia regarding child support deductions from his pay, and a letter concerning overdue amounts.

The court was required to determine whether to continue the stay order. This involved considering the statutory provisions under the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth) that governed the application for a stay. Specifically, the court needed to assess the applicant's grounds for objection to the child support assessment, which appeared to be based on a termination agreement suggesting the child had been adopted by a stepfather, thereby ceasing his parental responsibility.

Manousaridis J considered the principles for granting a stay, including whether there was a serious question to be tried and the balance of convenience. The Registrar argued that the termination agreement, not made in accordance with Part 6 of the Assessment Act, could not legally bar a child support application. The applicant contended that the termination agreement, supported by an affidavit and referencing adoption, constituted a "terminating event" and was binding under NSW legislation. The applicant also offered to continue meeting assessed liabilities pending the determination of his objections, submitting this favoured the continuation of the stay.

The application for a continuation of the stay order was dismissed, and the proceeding was dismissed. The applicant was ordered to pay the respondent's costs, with liberty to apply to vary or discharge this costs order by a specified date, supported by written submissions and indicating whether a hearing was required.