Peck and Peck

FEDERAL CIRCUIT COURT OF AUSTRALIA

PECK & PECK [2019] FCCA 558

Catchwords:
CHILD SUPPORT – Application pursuant to s.112 of the Child Support (Assessment) Act for leave to apply for the court to make an order under s.118 of the Act in respect of child support assessment periods more than 18 months old – no explanation for delay – where there is considerable doubt about whether a departure application would succeed – application for leave to apply dismissed.

CHILD SUPPORT – Departure application in respect of periods less than 18 months old – where the father sought to rely on the taxable income in his late-filed tax returns – where previous proceedings pursuant to s.98B of the Child Support (Assessment) Act in respect of the same period raised a doubt about whether the father’s taxable income could be relied on as accurate evidence of his income or his income earning capacity – where the father failed to address the issues raised in the earlier proceedings – where the father has failed to establish a ground of departure – application dismissed.

Legislation:

Child Support (Assessment) Act 1989, ss.56, 98B, 98S, 111, 112, 116, 117, 118,

136, 143

Cases Cited:

Bauer & Becker [2009] FMCAfam480

Boer & Magee [2017] FCCA 1970

Jensen & Jensen (1982) FLC 91-263

Yewen & Child Support Registrar & Anor [2014] FCCA 2399

Applicant: MR PECK

First Respondent: MS PECK

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: NCC 1358 of 2012

Judgment of: Judge Terry

Hearing date: 31 August 2018

Date of Last Submission: 31 August 2018

Delivered at: Newcastle

Delivered on: 19 March 2019

REPRESENTATION

The Applicant: In Person

Counsel for the Respondent:  Mr Weightman

Solicitors for the Respondent: Carroll & O’Dea Lawyers

ORDERS

1. The Amended Initiating Application filed on 29 November 2017 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Peck & Peck is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT NEWCASTLE  

NCC 1358 of 2012

MR PECK

Applicant

And

MS PECK

Respondent

REASONS FOR JUDGMENT

Introduction

1. In 2011 after he separated from his wife Ms Peck (“the mother”), Mr Peck (“the father”) was assessed to pay child support in respect of his children [X], [Y] & [Z].  

2. Some money was recovered from him by way of his wages being garnisheed and his tax refunds withheld but by 2017 he owed substantial arrears.

3. In April 2017 [Z] told his mother that the father was planning to go on a cruise with his new partner and the mother told the Child Support Registrar who made a Departure Prohibition Order.

4. This invoked some fury in the father. He said as follows in his 9 October 2017 affidavit (spelling as in the original):

   On the date of 27/04/2017 I got a letter of childsupport stated that there has been a departure phohibition order on my passport now y I receved this was because of my youngest son told his mother my (ex wife)…