Kettle & Baker & Green

The Court heard appeals concerning child support and parenting arrangements between the parties, Kettle, Baker, and Green. The fathers appealed decisions made by two Judges concerning child support assessments and the capitalisation of periodic child support for security against future default. The mothers opposed the appeals, arguing they lacked proper grounds. Additionally, the mothers sought to dismiss the father's parenting appeals for want of prosecution or improper grounds.

The Court considered whether the trial Judge erred in not ordering the capitalised sums to be held in trust for future periodic child support payments. The Court also examined whether the father's parenting appeals disclosed proper grounds for appeal. The Court found the father's appeals to lack proper grounds, and accordingly, dismissed the parenting appeals without further hearing under section 96AA of the Family Law Act 1975 (Cth).

The Court allowed the appeals against the child support orders, setting aside the orders for departure from Child Support Agency assessments and the capitalisation of periodic child support for security. The Court found the trial Judge erred in not ordering the lump sums be held as security for future periodic child support payments. The Court also set aside orders appointing a trustee for the sale of the father's farming property to satisfy child support liabilities. The Court remitted the mothers' child support applications for re-hearing before a different Judge.

The Court granted leave to appeal and allowed the appeals, setting aside the orders in question. The Court dismissed the mother's application to summarily dismiss the father's parenting appeals. The Court remitted the mothers' child support applications for re-hearing before a different Judge, and allowed the parties to file written submissions regarding costs.