Pabiyanov and Pabiyanova

The proceedings before Bennett J involved an application by the applicant father against the respondent daughter, Ms Pabiyanova. The precise nature of the dispute is not fully detailed, but it concerns an underlying maintenance order or its registration, with a question arising as to the applicability of Regulation 36 of the Family Law Regulations to the variation, setting aside, or discharge of that order. The Child Support Registrar was also involved in the proceedings.

The court was required to determine the legal issues surrounding the applicability of Regulation 36 of the Family Law Regulations to the maintenance order in question. Specifically, the court needed to consider whether this regulation provided a basis for varying, setting aside, or discharging the order. The court also needed to manage the procedural steps required to address this legal question, including the filing and service of submissions by the Child Support Registrar and the applicant father.

Bennett J directed that the Child Support Registrar file and serve written submissions regarding the applicability of Regulation 36 by 16 November 2016, with the applicant father to respond by 14 December 2016. The court also noted that the parties had agreed to mediation through International Social Service and directed the Legal Associate to contact the service to explore available mediation options. The proceedings were adjourned to 18 January 2017.