Marley and Dell and Anor

This matter concerned an application filed in the Melbourne Magistrate's Court and subsequently transferred to the Federal Circuit Court. The applicant, Mr Bacon, sought a declaration regarding child support obligations. The respondent argued that the Child Support Registrar had miscalculated their income.

The court was required to determine whether it possessed the jurisdiction to make the declaratory orders sought by the applicant, particularly in light of the applicant's failure to exhaust the available administrative appeals process under the relevant child support legislation. The court also considered whether the case was analogous to previous decisions where declarations or other orders had been made concerning child support matters.

Judge Curtain dismissed the application, finding that the applicant had not followed the standard administrative steps laid out in the Child Support legislation and had conceded that the entire appeals process had not been completed. While acknowledging the court's power to make declarations of right under section 17A of the *Federal Circuit Court of Australia Act 1999* and to give declaratory judgments under rule 17.05(b) of the *Federal Circuit Court Rules 2001*, the judge distinguished the present case from *Hewett & Johnston* [2012] FMCAfam 1079, where enforcement proceedings related to a clear overpayment had been initiated. The judge also found *MNR & MEA* [2004] FMCAfam 619, where a declaration was sought regarding the interpretation of a Child Support Agreement, to be factually and legally distinguishable. The court concluded that the applicant's request for a vague order or declaration was inappropriate given the failure to exhaust administrative remedies.

The application was dismissed pursuant to section 17A of the *Federal Circuit Court of Australia Act 1999* and rules 13.10(a), (b), and (c) of the *Federal Circuit Court Rules 2001*. Parties seeking costs were granted liberty to contact the Associate for an appropriate hearing date.