McPhail and Bradley and Anor

Case

[2018] FCCA 1561

26 June 2018


Details
AGLC Case Decision Date
McPhail and Bradley and Anor [2018] FCCA 1561 [2018] FCCA 1561 26 June 2018

CaseChat Overview and Summary

In *McPhail and Bradley and Anor*, the applicant sought to vary a child support assessment, while the respondents sought to enforce arrears of child support. The matter came before Judge Burchardt in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the applicant had established grounds to vary the child support assessment under the relevant legislation. Ancillary to this, the court was required to determine the quantum of child support arrears owed by the applicant to the respondents and the appropriate order for costs.

Judge Burchardt found that the applicant had not satisfied the onus of proof required to vary the child support assessment. Consequently, the court ordered that the applicant pay the outstanding child support arrears in the sum of $8,361.10. The court also ordered that the applicant pay the respondents' costs, fixed at $14,314. The matter was adjourned for further directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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