Paxton & Child Support Registrar (Costs) - [2016] FamCAFC 158

FAMILY COURT OF AUSTRALIA

PAXTON & CHILD SUPPORT REGISTRAR & ANOR (COSTS)

[2016] FamCAFC 158

FAMILY LAW – COSTS – Where the Child Support Registrar sought costs of the applicant’s unsuccessful application for leave to appeal child support orders – Where the parties were ordered to file written submissions – Where the applicant was wholly unsuccessful – Where the applicant’s conduct and the nature of the proceedings justify an order for costs – Where the fixed amount of costs sought is reasonable – Applicant to pay costs of the Child Support Registrar in a fixed sum by way of instalments.

Family Law Act 1975 (Cth), s 117
Tribunals Amalgamation Act 2015 (Cth)

Family Law Rules 2004 (Cth), r 19.18

Hendy v Deputy Child Support Registrar & Anor (2001) 27 Fam LR 641
Laurie & Child Support Registrar [2009] FamCAFC 183
Paxton & Child Support Registrar and Anor [2015] FamCAFC 121
Paxton & Child Support Registrar and Anor [2016] FamCAFC 116

APPLICANT:

Mr Paxton

FIRST RESPONDENT:

Child Support Registrar

SECOND RESPONDENT:

Ms Lafferty

FILE NUMBER:

PAC

6065

2011

APPEAL NUMBER:

145

2012

DATE DELIVERED:

18 August 2016

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Ryan, Aldridge & Austin JJ

HEARING DATE:

Heard by way of written submissions: filed by the first respondent on 20 July 2016 and the applicant on 25 and 29 July 2016.

LOWER COURT JURISDICTION:

Federal Circuit Court of Australia

LOWER COURT JUDGMENT DATE:

4 October 2012

LOWER COURT MNC:

[2012] FMCAfam 1181

THE APPLICANT:

In person

SOLICITOR FOR THE FIRST RESPONDENT:

Australian Government Solicitor

THE SECOND RESPONDENT:

No appearance

Orders

The applicant shall pay the first respondent’s costs of and incidental to the applicant’s dismissed application for leave to appeal, in the sum of $12,734 inclusive of GST, subject to the provisions of Order 2 hereof.
The costs shall be paid by the applicant to the first respondent as follows, in default of which the entire balance will immediately fall due:
(a)Six payments of $2,000 by monthly instalments, the first payment of which shall be paid within one month of the date of these orders; and
(b) A final payment of $734 within one month thereafter.

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 Paxton & Child Support Registrar and Anor (Costs) 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).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 145 of 2012
File Number: PAC 6065 of 2011

Mr Paxton

Applicant

And

Child Support Registrar

First…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2016] FamCAFC 158
Decision Date: 18 August 2016

CaseChat Overview and Summary

In the Federal Circuit Court, Paxton initiated proceedings against the Child Support Registrar, seeking leave to appeal against a decision of the Registrar regarding child support obligations. The Registrar, in turn, applied for costs against Paxton for the unsuccessful application. The primary issue before the court was whether the Child Support Registrar was entitled to costs from Paxton following the dismissal of Paxton's application for leave to appeal. Additionally, the court had to determine the appropriate amount and manner of payment of these costs.

The court considered the relevant legislative provisions and case law regarding costs in applications for leave to appeal in child support matters. It noted that the court has a broad discretion to award costs in such proceedings, particularly when an application is frivolous or vexatious, or where there is no real prospect of success. The court found that Paxton's application lacked merit and was an abuse of the court process, leading to the conclusion that the Registrar was entitled to costs. The court determined that the amount of $12,734, inclusive of GST, was reasonable and appropriate in the circumstances. Furthermore, the court ordered a payment plan to facilitate the recovery of these costs from Paxton.

The court ordered that Paxton pay the Child Support Registrar $12,734 in costs, inclusive of GST, within specified instalments. The first payment of $2,000 was due within one month of the orders, followed by five additional monthly payments of $2,000 each. The final payment of $734 was due one month after the last of the six $2,000 payments. Default in any payment would result in the immediate due date for the outstanding balance. This structured payment plan was designed to ensure the Registrar's costs were recovered while also considering Paxton's capacity to pay.

Orders

Orders of the court

The applicant shall pay the first respondent’s costs of and incidental to the applicant’s dismissed application for leave to appeal, in the sum of $12,734 inclusive of GST, subject to the provisions of Order 2 hereof.

The costs shall be paid by the applicant to the first respondent as follows, in default of which the entire balance will immediately fall due:

(a) Six payments of $2,000 by monthly instalments, the first payment of which shall be paid within one month of the date of these orders; and

(b) A final payment of $734 within one month thereafter.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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