MEMBREY & HALL

The applicant father sought to be relieved of his liability under a child support order made in 1982 by the Family District Court of City B, USA. The child in question was now over 40 years of age, and the applicant mother, who had obtained the original order, had no connection to Australia. The father's application was heard by Wilson J in the Australian court.

The central legal issues before the court were whether it had the power to discharge an overseas child support order, and if so, under what circumstances. This involved considerations of private international law and the operation of international treaties once incorporated into domestic Australian law, particularly in relation to the enforceability of foreign court orders concerning adult children.

Wilson J reasoned that while the child support legislation and principles of international law generally facilitate the enforcement of overseas orders, the circumstances of this case warranted a different approach. Given the child was now an adult, the original purpose of the order had been fulfilled, and the passage of time and lack of connection of the mother to Australia rendered continued enforcement inequitable and impractical. The court applied principles of private international law and its inherent jurisdiction to discharge the order.

Consequently, Wilson J ordered the discharge of the 1982 order made by the Family District Court of City B, USA. The proceeding was otherwise dismissed, and a declaration was made that the amount to be collected by the Department of Human Services (Child Support) by way of enforcement of the USA order was nil.