Pryor and Pearce and Anor (No.2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

PRYOR & PEARCE & ANOR (No.2) [2015] FCCA 2965

Catchwords:
CHILD SUPPORT – Costs of SSAT Appeal – submission by Appellant as to why an order for costs should not be made against him – where Appeal misconceived and entirely lacking in merit – where Appellant wholly unsuccessful in the proceedings.

Legislation:

Child Support (Registration and Collection) Act 1988 (Cth), s.105

Family Law Act 1975 (Cth), s.117

Federal Circuit Court Rules 2001, Sch.1, Part 2, Div.2

Cases cited:
Pryor & Pearce & Anor (SSAT Appeal) [2015] FCCA 1240

Appellant: MR PRYOR

First Respondent: MS PEARCE

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: SYC 1484 of 2013

Judgment of: Judge Scarlett

Hearing date: Considered in chambers

Date of Last Submission: 25 May 2015

Delivered at: Sydney

Delivered on: 11 November 2015

REPRESENTATION

Appellant: No appearance

First Respondent: No appearance

Second Respondent: No appearance

Solicitors for the Second Respondent: Australian Government Solicitor

ORDERS

1. The Appellant Mr Pryor is to pay the costs of the Second Respondent Child Support Registrar in the sum of $6,581.00.

2. The Appellant is allowed one (1) month to pay.

IT IS NOTED that publication of this judgment under the pseudonym Pryor & Pearce & Anor (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 1484 of 2013

MR PRYOR

Appellant

And

MS PEARCE

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Application

1. The Appellant was unsuccessful in his Appeal to this Court against a decision of the Social Security Appeals Tribunal (Pryor & Pearce & Anor[1]). The Second Respondent, the Child Support Registrar, sought an order for costs fixed in the amount of $6,581.00, calculated in accordance with Division 2 of Part 2 of Schedule 1 of the Rules.

   [1] [2015] FCCA 1240

2. On dismissing the Appeal on 15 May 2015, I made an Order giving the Appellant leave to file and serve within 21 days a written submission to show cause why an Order should not be made that he pay the costs of the Child Support Registrar in the sum of $6,581.00.

3. When I considered the Registrar’s Application for costs, I expressed the view that:

   There is some force to the submission that an order for costs should be made against the Appellant, who has brought an entirely meritless appeal. However, procedural fairness requires that he should be given the opportunity to make a submission to show cause why an order for costs in that amount should not be made. I propose to allow 21 days for such a submission to be made.[2]

   [2] [2015] FCCA 1240 at paragraph [37]

The Appellant’s Affidavit

1. The Appellant filed an affidavit on 25 May 2015, made that same day, which he stated was made as a written submission in accordance with the Order of 15 May.

2. In his affidavit the Appellant deposed:

   Appellant in the case SYC 1484 of 2013 in his NOTICE OF APPEAL relied on…