FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Hedwin & Palmer [2023] FedCFamC2F 1639
File number(s): MLC 5374 of 2023 Judgment of: JUDGE BOYMAL Date of judgment: 11 December 2023 Catchwords: FAMILY LAW – Child Support – undefended hearing – exemption from filing FDR certificate – declaration as to parentage – declaration under section 106A of the Child Support Assessment Act Legislation: Family Law Act1975 (Cth) ss 60I, 69VA, 69Y, 117
Child Support (Assessment) Act 1989 (Cth) s 106A
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 1.04, 10.13, 10.26, 10.27, 15.06, 15.19
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27
Lenova & Levona (Costs) [2011] FamCAFC 141
Medlon & Medlon (No. 6) (Indemnity costs) [2015] FLC 93-664
PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & TRF & LKL [2005] FamCA 158
Division: Division 2 Family Law Number of paragraphs: 75 Date of hearing: 11 December 2023 Place: Melbourne Solicitor for the Applicant: Ms Zahidee, Victoria Legal Aid The Respondent: No appearance ORDERS
MLC 5374 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS HEDWIN
Applicant
AND: MR PALMER
Respondent
ORDER MADE BY:
JUDGE BOYMAL
DATE OF ORDER:
11 DECEMBER 2023
THE COURT ORDERS THAT:
1.Pursuant to Rule 15.19 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the applicant be granted leave to proceed on an undefended basis.
2.Pursuant to Rule 4.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the applicant be excused from attending family dispute resolution and filing a family dispute resolution certificate.
3.Pursuant to Section 69VA of the Family Law Act 1975 (Cth) the Court declares that the respondent, Mr Palmer, is a parent of the child, X born in 2022.
4.Pursuant to section 106A(5)(a) of the Child Support (Assessment) Act 1989 (Cth), the Court declares that the applicant, Ms Hedwin, is entitled to an administrative assessment of child support for the child, X born in 2022, because Mr Palmer is a parent of the child.
5.Within 60 days of service of this order the respondent pay the costs of this application fixed in the amount of $2,448.00.
6.Within 7 days of receipt of a sealed copy of these orders the applicant serve a copy of these orders, followed by reasons for judgment once available, to the respondent by:
(a)registered post to B Street, Suburb C; and
(b)email to Mr Palmer.
7.Within 7 days of receipt of a sealed copy of these orders the applicant serve the Child Support Registrar with a copy of these orders.
8.All extant applications be otherwise dismissed.
THE COURT NOTES THAT:
A.Pursuant to Rule 10.13(1)(a) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the Court may vary or set aside a judgment or order made in the absence of a party.
Note: The…
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CaseChat Overview and Summary
The primary legal issues before the court were whether Mr Palmer was the parent of the child, X, and if Ms Hedwin was entitled to an administrative assessment of child support. The court had to interpret and apply relevant sections of the Family Law Act 1975 and the Child Support (Assessment) Act 1989. Given the undefended nature of the proceeding, the court was also required to consider procedural rules governing such hearings, including the Family Law Rules 2021.
The court granted leave for the applicant to proceed undefended and excused her from attending family dispute resolution and filing a certificate. It was uncontested that Mr Palmer was the biological father of the child, X, born in 2022, and the court declared his parentage accordingly. It further declared that Ms Hedwin was entitled to an administrative assessment of child support because Mr Palmer was a parent of the child. The court ordered Mr Palmer to pay costs of $2,448.00 and directed the service of orders and reasons for judgment on both parties and the Child Support Registrar. The court noted that it retained the discretion to vary or set aside the judgment if made in the absence of a party.
Orders
Orders of the court
MLC 5374 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS HEDWIN
Applicant
AND:
MR PALMER
Respondent
ORDER MADE BY:
JUDGE BOYMAL
DATE OF ORDER:
11 DECEMBER 2023
THE COURT ORDERS THAT:
1. Pursuant to Rule 15.19 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the applicant be granted leave to proceed on an undefended basis.
2. Pursuant to Rule 4.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the applicant be excused from attending family dispute resolution and filing a family dispute resolution certificate.
3. Pursuant to Section 69VA of the Family Law Act 1975 (Cth) the Court declares that the respondent, Mr Palmer, is a parent of the child, X born in 2022.
4. Pursuant to section 106A(5)(a) of the Child Support (Assessment) Act 1989 (Cth), the Court declares that the applicant, Ms Hedwin, is entitled to an administrative assessment of child support for the child, X born in 2022, because Mr Palmer is a parent of the child.
5. Within 60 days of service of this order the respondent pay the costs of this application fixed in the amount of $2,448.00.
6. Within 7 days of receipt of a sealed copy of these orders the applicant serve a copy of these orders, followed by reasons for judgment once available, to the respondent by:
(a) registered post to B Street, Suburb C; and
(b) email to Mr Palmer.
7. Within 7 days of receipt of a sealed copy of these orders the applicant serve the Child Support Registrar with a copy of these orders.
8. All extant applications be otherwise dismissed.
THE COURT NOTES THAT:
A. Pursuant to Rule 10.13(1)(a) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the Court may vary or set aside a judgment or order made in the absence of a party.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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