HUBER & OVESEN (No.2)

In *Huber & Ovesen (No.2)*, Kemp J of the Federal Circuit and Family Court of Australia considered an urgent application concerning the payment of school fees for a child attending a private school. The dispute arose due to arrears in the payment of these fees.

The central legal issue before the court was whether to make an interim order requiring one of the parents to pay the outstanding school fees. This involved assessing the urgency of the situation and the respective financial capacities and responsibilities of the parties in relation to the child's education.

Kemp J reasoned that the child's continued attendance at the private school was paramount and that the arrears presented a genuine risk to this attendance. Applying principles of interim parenting orders, the court considered the welfare of the child and the need to maintain stability in their educational environment. The court determined that it was appropriate to make an interim order to ensure the fees were paid, thereby safeguarding the child's schooling.

The court ordered that the respondent pay the outstanding school fees by a specified date.