Nettleship & Nettleship

[2016] FCCA 2947

FEDERAL CIRCUIT COURT OF AUSTRALIA

NETTLESHIP & NETTLESHIP [2016] FCCA 2947

Catchwords:
CHILD SUPPORT – Whether a Child Support Agreement is binding on the parties – if so, whether the husband owes arrears of child support and other sums pursuant to that Agreement.

Legislation:

Child Support (Assessment) Act 1989, pts.6, 7, ss.4(3), 80(1), 80(2), 80(a), 80(b), 80(c), 80(d), 80D, 80C(2)(e), 80C(2)(f), 80C(1)(a), 80(1)(b), 81(2), 82, 83, 84, 84(d), 84(g), 80CA, 80D(1)(c), 136, 136(1), 136(1)(a)(b), 136(1)(c), 136(1)(d), 136A

Cases cited:

Baker v The Queen (2004) 223 CLR 513

Keane & Keane [2013] FamCA 332; 50 Fam LR 120

R v Kelly (Edward) [2000] QB 198
Telama & Telama [2016] FCCA 2375

Applicant: MS NETTLESHIP

Respondent: MR NETTLESHIP

File Number: MLC 5201 of 2011

Judgment of: Judge Small

Hearing date: 31 May 2016

Date of Last Submission: 31 May 2016

Delivered at: Melbourne

Delivered on: 18 November 2016

REPRESENTATION

Counsel for the Applicant: Ms Nettleship in person

Solicitors for the Applicant: None

Counsel for the Respondent: Mr Nettleship in person

Solicitors for the Respondent: None

ORDERS

THE COURT DECLARES THAT:

1. That the Binding Child Support Agreement signed by the parties on 8 June 2011 (“the Agreement”) is enforceable and remains in full force and effect.

AND THE COURT ORDERS THAT:

1. The application of the husband to have the Agreement set aside contained in his Response filed 8 April 2016 is hereby dismissed.

2. The husband shall pay to the wife sums representing :

   (a)$3,246.23 minus $x, where $x is the sum already paid by the husband to the wife for the children’s private health insurance under the Agreement between 8 June 2011 and 31 May 2016;

   (b)$450.00  plus half of any other sum incurred by the wife pursuant to paragraph 3(c) of the Agreement from 8 June 2011 to 31 May 2016 and remaining unpaid; and

   (c)half of the children’s (omitted) expenses incurred between 1 April 2016 and 31 May 2016, including club membership, uniform and equipment expenses,

   being arrears of child support owed to the wife under the Agreement, and such sums shall be paid with 90 days.

3. Within seven days, the wife shall provide to the husband the details of the account or accounts into which she requires payments to be deposited:

   (a)in accordance with these orders;

   (b)pursuant to the Agreement.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 5201 of 2011

MS NETTLESHIP

Applicant

And

MR NETTLESHIP

Respondent

REASONS FOR JUDGMENT

Introduction

1. These are proceedings in relation to a Binding Child Support Agreement signed by Ms Nettleship (“Ms Nettleship” or “the wife”) and Mr Nettleship (“Mr Nettleship” or “the husband”) on 8 June 2011 (“the Agreement”).

2. Ms Nettleship seeks payment of $15,652.71 in arrears she says are owed under the Agreement, plus a total of $5,680.00 in costs.

3. Mr Nettleship seeks a declaration that the Agreement be set aside, and that child…