Penman and Morgan and Anor
Case
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[2017] FamCA 735
•20 September 2017
Details
AGLC
Case
Decision Date
Penman and Morgan and Anor [2017] FamCA 735
[2017] FamCA 735
20 September 2017
CaseChat Overview and Summary
In the matter of *Penman and Morgan*, Watts J considered an application by the father concerning child support. The father sought various orders, but the court ultimately dismissed several of these, specifically orders 1, 2, 3, 4, and 8, as sought in his Amended Urgent Application filed on 19 March 2017.
The central legal issues before the court involved the father's claims for specific child support orders and the appropriate costs associated with these applications. The court was also required to determine the procedural path forward for the remaining aspects of the father's application.
Watts J reasoned that the father's urgent application for orders 1, 2, 3, 4, and 8 was not substantiated, leading to their dismissal. Consequently, the father was ordered to pay the Child Support Registrar's costs for that specific part of his application. The court then directed the father to file an affidavit and written submissions within twenty-one days in support of his Further Amended Initiating Application for Final Orders filed on 23 March 2016, which encompassed several other proposed orders. Following this, the Child Support Registrar and the mother were given a further twenty-one days to file their respective affidavits and submissions. The remaining applications from the father's 23 March 2016 filing were scheduled for a hearing on 19 December 2017.
The central legal issues before the court involved the father's claims for specific child support orders and the appropriate costs associated with these applications. The court was also required to determine the procedural path forward for the remaining aspects of the father's application.
Watts J reasoned that the father's urgent application for orders 1, 2, 3, 4, and 8 was not substantiated, leading to their dismissal. Consequently, the father was ordered to pay the Child Support Registrar's costs for that specific part of his application. The court then directed the father to file an affidavit and written submissions within twenty-one days in support of his Further Amended Initiating Application for Final Orders filed on 23 March 2016, which encompassed several other proposed orders. Following this, the Child Support Registrar and the mother were given a further twenty-one days to file their respective affidavits and submissions. The remaining applications from the father's 23 March 2016 filing were scheduled for a hearing on 19 December 2017.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Procedural Fairness
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Jurisdiction
Actions
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Most Recent Citation
Penman & Child Support Registrar [2018] FamCA 252
Cases Cited
1
Statutory Material Cited
3
Paxton & Child Support Registrar (Costs)
[2016] FamCAFC 158