FEDERAL MAGISTRATES COURT OF AUSTRALIA
| NEVILLE & NEVILLE | [2010] FMCAfam 1162 |
| CHILD SUPPORT – Child support agreement set aside – binding agreement – unconscionable conduct – exceptional circumstances and hardship – loss of financial support provided to the Father by his Mother. |
| Family Law Act 1975, s.79A Child Support Legislation Amendment (New Formula and Other Measures) Act 2006 (Cth) (the Amending Act) Child Support (Assessment) Act 1989 (Cth), ss.3, 4, 80C, 80E , 81, 136(2)(d) |
| Leonard v Leonard [2010] 239 FLR 66 Gallup v Gallup [2009] FMCAfam 839 Simpson and Hamlin (1984) FLC 91-576 Daley & Daley [2009] FMCAfam 398 Henricksen & Janz (No.3) [2008] FMCAfam 1343 |
| Applicant: | MR NEVILLE |
| Respondent: | MS NEVILLE |
| File Number: | BRC 3323 of 2010 |
| Judgment of: | Cassidy FM |
| Hearing date: | 6 August 2010 |
| Date of Last Submission: | 6 August 2010 |
| Delivered at: | Brisbane |
| Delivered on: | 26 October 2010 |
REPRESENTATION
| Solicitors for the Applicant: | Self Represented |
| Counsel for the Respondent: | Mr Alexander |
| Solicitors for the Respondent: | McPhee Lawyers |
ORDERS
That the Child Support Agreement (CSA reference number [omitted]) be set aside by the Court.
That child support payments be administered by the Child Support Agency.
IT IS NOTED that publication of this judgment under the pseudonym Neville & Neville is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA ATBRISBANE |
BRC 3323 of 2010
| MR NEVILLE |
Applicant
And
| MS NEVILLE |
Respondent
REASONS FOR JUDGMENT
Introduction – Orders Sought
This is an application by the Father where he seeks the following orders:
a)That the Child Support Agreement (CSA reference number [omitted]) be set aside by the Court.
b)
That paragraph 11 of the Orders BRM8793/2006 agreed
26 February 2007 be set aside by the Court.
c)That child support payments be administered by the Child Support Agency.
d)That the Court Order that 50% of all school fees, school uniforms, booklists and sporting costs be treated as prescribed payments by the Child Support Agency.
Paragraph 11 of the Orders of 26 February 2007 provides
“The father is not able to claim an entitlement to a non agency payment or credit pursuant to s71A and s71C of the Child Support (Registration and Collection) Act in relation to the payment of those school fees, uniforms, book list requirements and health insurance paid for in accordance with the Child Support Agreement a copy of which is annexed to these Orders, such amounts to be treated as amounts which the Registrar is not entitled to credit pursuant to s71D of the Act.”
The Mother seeks that the Father’s application be dismissed.
Background
The parents Ms Neville born [in] 1962, forty-seven (47) years and
Mr Neville born [in] 1961 forty-nine (49) years were married [in] 1991. They have three children, twins [X] and [Y] born [in] 1995 who are fifteen (15) years old and [Z] born [in] 1997. [Z] is thirteen (13) years old.
The parents separated 15 March 2006. The parents entered into consent orders in relation to property and parenting matters on 26 February…
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- Case
- [2010] FMCAfam 1162
- Decision Date
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