Higgins and Turner and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

HIGGINS & TURNER & ANOR [2014] FCCA 2635

Catchwords:
CHILD SUPPORT – Reasons for judgment.

Legislation:  

Family Law Act 1975
Family Law Regulations 1984, regs.36, 38, 38A
Child Support (Registration and Collection) Act 1988

Applicant: MR HIGGINS

First Respondent: MS TURNER

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: MLC 8649 of 2012

Judgment of: Judge Burchardt

Hearing date: 29 September 2014

Date of Last Submission: 29 September 2014

Delivered at: Melbourne

Delivered on: 29 September 2014

REPRESENTATION

Counsel for the Applicant: Mr Hutchins

Solicitors for the Applicant: McBain Lawyers

First Respondent: No appearance

Counsel for the Second Respondent: Mr Maat

Solicitors for the Second Respondent: Australian Government Solicitor

ORDERS

1. The Registrar of the Child Support Agency be joined as a party to these proceedings. 

2. The arrears of Child Support (including any assessed late payment penalties) said to be owed by the Applicant to the Respondent regarding the child X born (omitted) 2001 (Child Support case reference number (omitted)) be discharged and revoked, the Court having found no arrears exist. 

3. The Child Support Registrar be stayed from enforcing and collecting any Child Support arrears (“any associated late payment penalties”) pending further order of this Court. 

4. The further hearing of this matter be adjourned not before 13 May 2019. 

5. This is a provisional order pursuant to Regulation 36, 38 and 38A of the Family Law Regulations and Article 11 of the Child Support (Reciprocal Agreement with Australia) Order 2000.

6. The Child Support Registrar credit the Applicant with the payments for arrears already made by him against his ongoing Child Support liability.

NOTATION

(A)The Applicant is still obliged to pay his ongoing Child Support liability assessed from time to time but subject to Order 6.

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

.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT MELBOURNE

MLC 8649 of 2012

MR HIGGINS

Applicant

And

MS TURNER

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

1. On 29 September 2014 I made interim orders in a complicated child support matter.  Although the transcript of the hearing shows that I gave some indication as to why it was that I was making the orders that I did make, no one asked me for extensive reasons.  I understand the matter is now the subject of an appeal.  The Registrar of this Court has requested that I forward reasons for judgment.

2. I have been careful not to read the Notice of Appeal (although a copy was emailed to me for information) lest I fall into the trap of seeking retrospectively to justify myself rather than indicating the thought process that actually led me to make the judgment.  In order to understand the interim orders made, it is necessary to examine the Court file and the way the matter progressed in some detail.

3. On 17 October 2011 the applicant’s then solicitors filed an Application…