GCL and GRP - [2004] FMCAfam 673

FEDERAL MAGISTRATES COURT OF AUSTRALIA

GCL & GRP

[2004] FMCAfam 673

CHILD SUPPORT – Application for departure orders – husband agrees to pay private school fees – where husband fails to make full and frank disclosure of his financial position – where husband stubbornly refuses to accept the inadequacy of his contribution to child’s financial support – apportionment between the parties of the overall costs of maintaining the child in accordance with the parties’ respective financial positions.

Child Support (Assessment) Act 1989
Child Support (Registration and Collection) Act 1988
Family Law Act 1975

Luton v Lessels (2001) FLC 98-015
Gyselman (1992) FLC 92-279
Hides v. Hatton (1997) FLC 92-759
Ross and McDermott (1998) 23 Fam.L.R. 613
Chang v Su (2002) FLC 93-117
Mezzacappa (1987) FLC 91-853
Black & Kellner (1992) FLC 92-287
Weir (1993) FLC 92-338
Oriolo v Oriolo (1985) FLC 91-653
Briese (1986) FLC 91-715
Giunti (1986) FLC 91-759
Kannis (2002) FamCA 1150 (reported in (2003) FLC 93-135)
Hardman (2003) FamCA 1057 (unreported)
Rayson (2003) FamCA 1384 (unreported)
DJM & JLM (1998) FLC 92-816
Scott (1994) FLC 92-457
Scott v Stauder (unreported judgment delivered 20 November 1996)

Applicant:

GCL

Respondent:

GRP

File No:

MLM 5286 of 2003

Delivered on:

25 November 2004

Delivered at:

Melbourne

Hearing date:

4 May 2004

Judgment of:

Walters FM

REPRESENTATION

Counsel for the Applicant:

Ms Vohra

Solicitors for the Applicant:

Lander & Rogers

Counsel for the Respondent:

Mr Mawson

Solicitors for the Respondent:

CE Family Lawyers

ORDERS

(1)Pursuant to s.117 of the Assessment Act, there be a departure from the administrative assessment of child support payable by the husband to the wife for the child W as follows:
(a)For the period from 1 April 2003 to 12 April 2008 (being the date upon which W turns 18) the annual rate of periodic child support be set at $14,040.00 (being $1,170.00 per calendar month).
(b)The annual rate of periodic child support payable by the husband to the wife will increase from 1 April each year (commencing 1 April 2004), in accordance with variations in the consumer price index for Melbourne.

(2)Pursuant to s.124 of the Assessment Act, the husband provide additional child support to the wife for the child W by way of payment of all the following school fees and expenses for W while she continues to attend Mentone Girls Grammar (or such other school as the parties shall agree upon from time to time), such payment to commence with the 2003 school year:
(a)payment of all school fees for W as invoiced by Mentone Girls Grammar, or such other school as may be agreed upon between the parties from time to time;
(b)stationery, book and uniform expenses;
(c)excursions and camp expenses (compulsory and non-compulsory);
(d)hire and purchase of sporting and musical equipment;
(e)computer and software expenses as may be required by the school; and
(f)incidental expenses as invoiced by the school from time to time, inclusive of building levies and contributions.

(3)The child support ordered to be provided by the husband in (2)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading GCL and GRP

Details

AGLC: GCL and GRP [2004] FMCAfam 673
Case: [2004] FMCAfam 673
Decision Date: 25 November 2004

CaseChat Overview and Summary

The case of GCL and GRP involved the parents of a child, W, who were before the court to determine the amount of child support payable by the husband to the wife. The wife sought an adjustment to the assessment of child support to reflect changes in circumstances, including the escalation of school fees and the need for additional financial support for their child’s education. The husband, on the other hand, contested the wife’s claims, arguing that the current assessment was appropriate and that additional payments for school expenses were not warranted.

The legal issues that the court had to address were the proper amount of periodic child support to be paid by the husband to the wife for their child W, and whether the husband should be required to cover additional school fees and expenses. The court needed to determine the appropriate rate of child support in light of the consumer price index and assess the necessity of additional payments for educational costs.

The court ruled that the periodic child support should be adjusted to $14,040.00 annually, which translates to $1,170.00 per month, effective from 1 April 2003 until the child turns 18 on 12 April 2008. Additionally, the court ordered that the husband must provide further financial support for the child’s education by covering all school fees and related expenses, including tuition, stationery, uniforms, excursions, sporting and musical equipment, computers, and incidental costs. These additional payments were to be made in addition to the periodic child support and were not to be credited against it.

The final orders of the court mandated that the husband pay the adjusted periodic child support and additional educational expenses as outlined. This decision ensures that the child’s educational needs are met while also providing for her general welfare.

Orders

Orders of the court

(1) Pursuant to s.117 of the Assessment Act, there be a departure from the administrative assessment of child support payable by the husband to the wife for the child W as follows:

(a) For the period from 1 April 2003 to 12 April 2008 (being the date upon which W turns 18) the annual rate of periodic child support be set at $14,040.00 (being $1,170.00 per calendar month).

(b) The annual rate of periodic child support payable by the husband to the wife will increase from 1 April each year (commencing 1 April 2004), in accordance with variations in the consumer price index for Melbourne.

(2) Pursuant to s.124 of the Assessment Act, the husband provide additional child support to the wife for the child W by way of payment of all the following school fees and expenses for W while she continues to attend Mentone Girls Grammar (or such other school as the parties shall agree upon from time to time), such payment to commence with the 2003 school year:

(a) payment of all school fees for W as invoiced by Mentone Girls Grammar, or such other school as may be agreed upon between the parties from time to time;

(b) stationery, book and uniform expenses;

(d) hire and purchase of sporting and musical equipment;

(e) computer and software expenses as may be required by the school; and

(f) incidental expenses as invoiced by the school from time to time, inclusive of building levies and contributions.

(3) The child support ordered to be provided by the husband in (2) above is not to be credited against the husband’s liability for periodic child support as provided for in paragraph (1) above, and is to be paid by the husband in addition to the said periodic child support.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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