Palkvig and Bowden

FAMILY COURT OF AUSTRALIA

PALKVIG & BOWDEN [2018] FamCA 973

FAMILY LAW – PRACTICE AND PROCEDURE – Stay of Child Support Assessment – Where the Child Support Agency has issued an updated Child Support Assessment, increasing the amount of periodic child support payable by the father – Where the father has filed an appeal against that decision in the Administrative Appeals Tribunal – Where the father seeks that the updated Child Support Assessment be stayed, pending that appeal – Where the mother opposes that application – Where the Court finds that the balance of convenience favours the mother – Application dismissed.

Child Support (Registration and Collection) Act 1989 (Cth) s. 111C

Jones v Child Support Registrar [2007] FCA 1732

APPLICANT: Mr Palkvig

RESPONDENT: Ms Bowden

FILE NUMBER: SYC 657 of 2017

DATE DELIVERED: 23 November 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: 12 November 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms McIntosh

SOLICITOR FOR THE APPLICANT: Proctor & Associates

SOLICITOR FOR THE RESPONDENT: Karras Partners Lawyers

Orders

THE COURT ORDERS THAT:

1. The father’s application for orders pursuant to s 111C of the Child Support (Registration and Collection) Act 1989 (Cth) is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Palkvig & Bowden has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 657 of 2017

Mr Palkvig

Applicant

And

Ms Bowden

Respondent

REASONS FOR JUDGMENT

Introduction

1. This decision concerns an application brought by the father for, what is effectively, a stay of a Child Support Assessment requiring him to pay an increased periodic amount child support.  That updated Child Support Assessment came into effect on 19 July 2018.  The father seeks that stay, pending a decision in relation to his appeal against that updated Child Support Assessment in the Administrative Appeals Tribunal.

2. The mother opposes the father’s application, in that regard.

Background

1. The mother was born in 1983 and is now 35 years of age.

2. The father was born in 1985 and is now 33 years of age. 

3. In 2005, the mother received a lump sum compensation figure of $2,029,750.63 in respect to an injury she sustained.

4. The parties commenced cohabitation in 2008 and were married in 2009.  There are three children of the parties’ relationship, a 10 year old and twin seven year olds. 

5. The parties separated on 17 October 2016.  The children reside in the primary care of the mother and spend regular time with the father.

6. On 26 February 2018, the mother…