PEAKE & COUSINS

In the matter of PEAKE & COUSINS, Judge Bender considered applications by the Mother for a departure order under section 117(2) of the Child Support (Assessment) Act 1989 (Cth) and for the enforcement of alleged outstanding payments owed by the Father pursuant to consent orders made on 26 June 2014. The Father also made an application for costs.

The court was required to determine whether the grounds for a child support departure order were satisfied, and whether the Father was liable for certain alleged outstanding payments, specifically half of the enrolment fees for the parties' son, half of the costs for the child's school psychologist, and half of the child's gap medical and dental costs. The court also considered the Father's application for costs.

Judge Bender dismissed the Mother's application for a departure order, finding that the grounds were not satisfied. Regarding the enforcement application, the court held that the Father was not liable for half of the enrolment fees as the child had been enrolled without his consent. However, the Father was ordered to pay half of the costs for the child's school psychologist and half of the child's gap medical and dental costs, provided receipts and details of any rebates were supplied. Directions were made for the filing of written submissions and a supporting affidavit concerning the Father's application for costs.