Magee and Gates

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MAGEE & GATES

[2006] FMCAfam 395

CHILD SUPPORT – Application for departure from administrative assessment – special circumstances – just and equitable.

Child Support (Assessment) Act 1989 (Cth), s.117

Gyselman & Gyselman (1992) 15 FAM LR 219; FLC 92 – 279
DJM v JLM (1998) 23 FAM LR 396; FLC 92 – 816

Applicant:

MR MAGEE

Respondent:

MS GATES

File Number:

NCM2908 of 2004

Judgment of:

Coakes FM

Hearing date:

19 December 2005

Date of Last Submission:

19 December 2005

Delivered at:

Port Macquarie

Delivered on:

27 July 2006

REPRESENTATION

The Applicant:

Appeared in person

Solicitors for the Respondent:

The Family Law Firm

Solicitor for the Respondent:

Mr Coyle

ORDERS

That for the Child Support Assessment period 30 January 2004 until
16 December 2005 there be a departure from the administrative assessment of Child Support payable by the liable parent MR MAGEE for the period 30 January 2004 to 16 February 2005 for the children [Y] born [in] 1987 and [Z] born [in] 1989.
That for the period 30 January 2004 to 16 February 2005 the father is assessed as liable to pay nil Child Support for the children [Y] born [in] 1987 and [Z] born [in] 1989.
That the Child Support Registrar is requested to make the necessary amendments to the Child Support Register accordingly.
That Order 6 made on 2 June 2005 in the Federal Magistrates Court at Newcastle is discharged.
That any outstanding applications are dismissed except for any application for costs which is listed for hearing at 9.30am 5 September 2006.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PORT MACQUARIE

NCM2908 of 2004

MR MAGEE

Applicant

And

MS GATES

Respondent

REASONS FOR JUDGMENT

Introduction

These are proceedings involving an application by the father for a departure from a child support administrative assessment.
On 24 February 2004 the Child Support Registrar made a determination that commencing 30 January 2004 and concluding 16 [date omitted] 2005 the child support income amount for Mr Magee be increased to $35,000 and published notice of his decision.
On 1 April 2004 the Child Support Registrar disallowed Mr Magee's objection to the decision and published his notice of decision in relation to the objection. The father was then liable to pay child support for two children, namely, [Y], born [in] 1987, and [Z], born [in] 1989 based on such child support income amount.

The applications

The father commenced proceedings in the Local Court at Raymond Terrace on 23 September 2004 when he filed an application in effect to depart from the child support assessment of 24 February 2004 and that any arrears be discharged. The application was defective.
On transfer from the Local Court to the Federal Magistrates Court the father filed an amended application on 18 February 2005 for a departure from the administrative assessment of child support based essentially upon…

CaseChat Overview and Summary

In the case of Magee and Gates, the matter was heard in the Family Court of Australia, where the primary dispute revolved around the calculation of child support payments for two children, [Y] born in 1987 and [Z] born in 1989, between the liable parent, Mr. Magee, and the other party, Gates. The case required the court to address specific legal issues concerning the assessment of child support obligations and whether there should be any variation from the administrative assessment process.

The court was tasked with determining if there were valid grounds to depart from the administrative assessment of child support for the period between 30 January 2004 and 16 December 2005. Additionally, it needed to decide if Mr. Magee should be assessed as liable to pay child support for the specified period or if he should be assessed as liable to pay nothing. The court had to consider the statutory framework governing child support assessments and the specific circumstances of the case to arrive at its decision.

After evaluating the evidence and submissions presented, the court found that for the period from 30 January 2004 to 16 February 2005, Mr. Magee should be assessed as liable to pay no child support for the children [Y] and [Z]. The court concluded that there were sufficient grounds to depart from the administrative assessment for this period, leading to the orders that the Child Support Registrar amend the register accordingly and that any outstanding applications be dismissed except for an application for costs scheduled for hearing.

In summary, the court discharged the previous order made in the Federal Magistrates Court and mandated that the Child Support Register be updated to reflect the new assessment for the specified period, while allowing for the hearing of any application for costs.

Orders of the court

That for the Child Support Assessment period 30 January 2004 until

16 December 2005 there be a departure from the administrative assessment of Child Support payable by the liable parent MR MAGEE for the period 30 January 2004 to 16 February 2005 for the children [Y] born [in] 1987 and [Z] born [in] 1989.

That for the period 30 January 2004 to 16 February 2005 the father is assessed as liable to pay nil Child Support for the children [Y] born [in] 1987 and [Z] born [in] 1989.

That the Child Support Registrar is requested to make the necessary amendments to the Child Support Register accordingly.

That Order 6 made on 2 June 2005 in the Federal Magistrates Court at Newcastle is discharged.

That any outstanding applications are dismissed except for any application for costs which is listed for hearing at 9.30am 5 September 2006.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established