Mohan and Neeson

[2017] FCCA 388

FEDERAL CIRCUIT COURT OF AUSTRALIA

MOHAN & NEESON [2017] FCCA 388

Catchwords:
CHILD SUPPORT – Departure Application – Application for leave to amend an Administrative Assessment more than 18 Months prior to the date of the application – Application for Departure filed after Enforcement Summons – Application refused.

Legislation:

Child Support (Assessment) Act 1989, ss.111, 112, 116, 117

Cases cited:

Hides & Hatton (1997) 21 Fam LR 855

Yewen & Child Support Registrar and Anor [2014] FCCA 2399
Bauer & Becker [2009] FMCAfam 480
Child Support Registrar & Rawlings & Anor [2013] FCCA 370

Applicant: MR MOHAN

Respondent: MS NEESON

File Number: MLC 7720 of 2015

Judgment of: Judge Williams

Hearing date: 14 December 2016

Date of Last Submission: 15 December 2016

Delivered at: Melbourne

Delivered on: 3 March 2017

REPRESENTATION

Counsel for the Applicant: Mr Croft

Solicitors for the Applicant: Coulter Roache

The Respondent: In person

ORDERS

1. The Application in a Case filed on 26 April 2016 is dismissed.

2. The Initiating Application filed on 10 May 2016 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Mohan & Neeson is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 7720 of 2015

MR MOHAN

Applicant

And

MS NEESON

Respondent

REASONS FOR JUDGMENT

Introduction

1. The applicant seeks to challenge his adjustable taxable income, for child support purposes for a period of seven years. Should he be permitted to do so, after significant delay and consideration of prejudice to both the applicant and the respondent.

Background

1. This matter commenced on 17 August 2015 when the Child Support Registrar filed an Application in a Case seeking to recover unpaid child support (“the enforcement proceedings”). The respondents to the enforcement proceedings are Mr Mohan (“the applicant”) and (omitted) Pty Ltd (“(omitted) Pty Ltd”). The unpaid child support is in respect of the child A (“A”) born (omitted) 1999. As at 11 August 2015, the sum of $144,257.68 was allegedly due and payable by the applicant[1] comprising $104,981.70 arrears of child support and $39,275.98 for late payment penalties.

   [1] Annexure E8 to the affidavit of Ms E sworn 11 August 2015 and filed in the enforcement proceedings.

2. A is the child of the applicant and Ms Neeson (“the respondent”). The applicant and the respondent were in a relationship for a number of years prior to A’s birth, however they had separated at the time of his birth. The applicant disputed A’s paternity and this was resolved in 2015 when the applicant, respondent and A underwent a paternity test.

3. Subsequent to A’s birth, the respondent sought to have the applicant assessed for child support. The first assessment was for the period 1 August 1999 to 31 August 1999[2]. Apart from a payment of $1116.21 in November 1999, which was the result of an interception of the applicant’s tax refund, the applicant has not made any payment of child support for A. The balance of outstanding child support and penalties, as…