Mr Warren v Child Support Registrar

[2011] HCASL 162

MR WARREN
v
CHILD SUPPORT REGISTRAR & ANOR
[2011] HCASL 162
S228/2011

1. The applicant seeks special leave to appeal against orders of a single judge of the Family Court of Australia (Coleman J) dismissing an appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Henderson FM) had dismissed the applicant's appeal against the order of the Social Security Appeals Tribunal that he pay $4,079.46 arrears of child support.  The applicant contended that he had made other financial contributions in respect of his children (by buying them beds) which offset his liability to pay child support and further alleged that his former wife had not complied with orders regarding his contact with his children.  (At the time of the Federal Magistrate's decision the children were aged 27 and 23 years.)

2. Whether the applicant's application to this Court was made within time need not be considered.  There is no reason to doubt the correctness of the decisions by both the Federal Magistrate and Coleman J that the applicant demonstrated no error in the Tribunal's decision.  An appeal to this Court would enjoy no prospect of success.

3. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
6 October 2011 S.M. Crennan