Paxton & Child Support Registrar (Costs)

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.