Millar and Oakley (No. 5)

Case

[2018] FamCA 724

12 September 2018


Details
AGLC Case Decision Date
Millar and Oakley (No. 5) [2018] FamCA 724 [2018] FamCA 724 12 September 2018

CaseChat Overview and Summary

In *Millar and Oakley (No. 5)*, Cronin J of the Family Court of Australia considered applications by both the wife and the husband concerning child support and parenting matters. The dispute involved an application by the wife for leave to seek a departure from a child support assessment, and various interim orders sought by both parties.

The primary legal issues before the court were whether to grant the wife leave to apply for a departure from the child support assessment under section 111 of the *Child Support (Assessment) Act 1989* (Cth) for the period between August 2016 and June 2018, and the determination of several interim applications relating to child support and parenting arrangements. The court also had to consider applications to strike out or dismiss various interim orders sought by both parties.

Cronin J granted the wife leave to make an application under section 118 of the *Child Support (Assessment) Act 1989* (Cth) for a departure from the administrative assessment of child support for the children X and Y for the specified period. By consent, the total amount of child support fixed for this period was determined to be nil. The court dismissed several interim applications made by both the husband and the wife, vacated a scheduled hearing before the Senior Registrar, and struck out certain paragraphs of the wife's interim applications. All outstanding applications for final orders were adjourned for a final hearing, while all other applications for interim orders were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Appeal

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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