McFarlane and McFarlane

Case

[2017] FCCA 994

15 May 2017


Details
AGLC Case Decision Date
McFarlane and McFarlane [2017] FCCA 994 [2017] FCCA 994 15 May 2017

CaseChat Overview and Summary

In *McFarlane and McFarlane*, the applicant father sought a permanent stay of the collection of child support from the respondent, the Child Support Registry. The dispute concerned child support payments that had been accruing and collected, or due for collection, from 2011 to the date of the court's orders. The matter was heard by Judge Henderson.

The central legal issue before the court was whether a permanent stay of collection of child support should be granted against the father, effectively preventing the Child Support Registry from collecting any further amounts, including arrears and late payments, from 2011 onwards.

Judge Henderson granted the permanent stay, enjoining and restraining the Child Support Registry from collecting any further child support against the applicant for the specified child support period. The court ordered that this stay extend to all amounts in arrears and late payments from 2011 up to the date of the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Stay of Proceedings

  • Remedies

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