Garrison and Downey and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

GARRISON & DOWNEY & ANOR [2019] FCCA 719

Catchwords:
CHILD SUPPORT – Application for departure order for period greater than eighteen months – insufficient evidence provided by Applicant – Application in relation to child support dismissed.

Legislation:

Child Support (Assessment) Act 1989(Cth), ss.111, 111(1), 112, 112(1), 112(4),

112(5), 116, 117, 117(2), 117(2)(c), 118

Child Support (Registration and Collection) Act 1988 (Cth), s.72Q

Cases cited:

Bauer & Becker [2009] FMCAfam 480

Manchester & Manchester [2011] FMCAfam 1215

Yewen & Child Support Registrar & Anor [2014] FCCA 2399

Applicant: MR GARRISON

First Respondent: MS DOWNEY

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: BRC 10544 of 2009

Judgment of: Judge Cassidy

Hearing date: 1 March 2019

Date of Last Submission: 1 March 2019

Delivered at: Brisbane

Delivered on: 22 March 2019

REPRESENTATION

For the Applicant: Self-represented

For the First Respondent: Self-represented

Solicitors for the Second Respondent: Child Support Registrar, Department of Human Services

ORDERS

THE COURT ORDERS UNTIL FURTHER ORDER:

1. That the Applicant’s Application in regards to child support, filed 7 September 2018, be dismissed.

2. That the matter remain adjourned for mention only at 9:30am on 29 March 2019 in the Federal Circuit Court of Australia at Brisbane.

IT IS NOTED that publication of this judgment under the pseudonym Garrison & Downey & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 10544 of 2009

MR GARRISON

Applicant

And

MS DOWNEY

First Respondent

And

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. The Applicant father seeks leave under sections 111 and 112 of the Child Support (Assessment) Act 1989 (“the Assessment Act”), for the Court to make a departure order for a period greater than eighteen months.

2. The Applicant sets out in his Initiating Application, filed 7 September 2018, the orders he seeks:

   “1. That leave be granted under Section 111 of the Child Support (Assessment) Act 1989 for the court to make an order under Section 118 of the Act for departure from the administrative assessment of child support payable by Mr Garrison to Ms Downey for the children [X] born … 2005 and [Y] born … 2008 (“the Children”) as follows.

   2. That for the period from 14 May 2014 to 30 September 2015, the total amount of child support be set equal to the monies already paid for that period, including the value of any non-agency payments credited for that same period, with the effect that no arrears remain payable, no penalties apply, no overpayment is created and the departure prohibition can be lifted.

   3. That for the period from the date of this order the annual rate of child support be assessed in the usual way.”

3. The Applicant, in his Affidavit, at paragraph [10] seeks:

   “10. I apply for a stay of collection of child support for the period subject of dispute and lifting of the departure prohibition.”

4. The First Respondent in her Response, filed 1 November 2018,…