Higgins and Turner and Anor

In the matter of *Higgins and Turner and Anor*, heard by Judge Burchardt, the proceedings concerned a dispute regarding alleged arrears of child support owed by the applicant to the respondent in relation to a child born in 2001. The court was required to determine whether these arrears, including any associated late payment penalties, were in fact owed and, if so, to what extent.

The central legal issue before the court was the existence and enforceability of the claimed child support arrears. The court was tasked with examining the evidence to ascertain if any outstanding child support payments were due and payable by the applicant.

Judge Burchardt found that no arrears of child support existed. Consequently, the court ordered that the alleged arrears and any associated late payment penalties be discharged and revoked. The Registrar of the Child Support Agency was joined as a party to the proceedings and was stayed from enforcing or collecting any purported arrears pending further order. The applicant was to be credited with any payments already made towards these discharged arrears against his ongoing child support liability. The matter was adjourned for a further hearing.