JOVANIC & MYER

In the matter of *Jovanic & Myer*, Johns J of the Family Court of Australia considered an application by the mother pursuant to s 113A of the *Child Support (Registration and Collection) Act 1988* (Cth) to recover child support arrears owed by the father. The court also addressed an application by the mother for costs.

The primary legal issue before the court was the recovery of the outstanding child support debt. A secondary issue concerned the mother's application for costs, specifically whether the circumstances justified a departure from the general rule that each party bears their own costs.

Johns J reasoned that the mother had been entirely successful in her application for the recovery of child support arrears. The court noted the father had produced no evidence regarding his financial circumstances, while the mother was in receipt of Centrelink benefits. These factors, coupled with the mother's success, justified an order for costs in her favour. The court ordered the father to pay the sum of $38,751.39, or such greater amount as may be owing at the date of payment, to the Child Support Registrar within 28 days. Additionally, by consent, the father was restrained from encumbering or increasing debt over a specified property and ordered to comply with his discovery obligations. The court also ordered the father to pay the applicant's costs fixed at $1,540 within 30 days.