FEDERAL MAGISTRATES COURT OF AUSTRALIA
| RAMSEY & RAMSEY | [2012] FMCAfam 739 |
| CHILD SUPPORT – Enforcement – Agreement – Child Support Agreement – application for stay – application to set aside Child Support Agreement – exceptional circumstances – whether exceptional circumstances shown. PRACTICE & PROCEDURE – Enforcement of financial orders – Family Law Rules 2004 r.20.05 does not apply in the Federal Magistrates Court – Federal Magistrates Court Rules 2001 Division 25B.2 applies to enforcement of financial orders and obligations. |
| Child Support (Assessment) Act 1989 (Cth), ss.3, 4, 80C, 136 Family Law Rules 2004, R. 20.05 Federal Magistrates Court Rules 2001, Sch. 3, Division 25B.2, Rule 25B.09 Federal Magistrates Court Amendment Rules 2012 (No.1) |
| Gallup & Gallup [2009] FMCAfam 839; (2010 FLC 98-50 Jones v Dunkel (1959) 101 CLR 298 Spinks & Spinks [2001] FamCA 197; (2001) 29 Fam LR 259; (2002) FLC 98-016; 159 FLR 88 |
| Applicant: | MS RAMSEY |
| Respondent: | MR RAMSEY |
| File Number: | SYC 1968 of 2008 |
| Judgment of: | Scarlett FM |
| Hearing date: | 8 November 2012 |
| Date of Last Submission: | 15 December 2012 |
| Delivered at: | Sydney |
| Delivered on: | 14 August 2012 |
REPRESENTATION
| Solicitors for the Applicant: | Barkus Doolan Kelly |
| Counsel for the Respondent: | Mr Batey |
| Solicitors for the Respondent: | Watts McCray |
ORDERS
The Application by the Respondent for a Stay of the operation of the Child Support Agreement between the parties dated 2 March 2010 is dismissed.
The Application by the Respondent for a Stay of the Enforcement Summons filed on 2 September 2011 is dismissed.
The Applicant is granted leave to file and serve an Application in a Case seeking an order for payment of the amounts owing under the Child Support Agreement between the parties dated 2 March 2010 under the provisions of Rule 25B.09 within twenty-one (21) days.
IT IS NOTED that publication of this judgment under the pseudonym Ramsey & Ramsey is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYC 1968 of 2008
| MS RAMSEY |
Applicant
And
| MR RAMSEY |
Respondent
REASONS FOR JUDGMENT
Application
This is an Application to enforce payments due under a Child Support Agreement. The Respondent seeks interim orders staying the operation of the Child Support Agreement and staying the operation of the Enforcement Summons. On a final basis he seeks an order setting the agreement aside.
Background
The parties were married on (omitted) 1996 and separated on 26 January 2007. They were divorced by means of an Order made on 20 May 2008.
There are two children of the marriage. Y was born on (omitted) 1999 and X was born on (omitted) 2001. The children live with their mother, who is the Applicant in these proceedings. Y attends (omitted) School and X attends (omitted) School.
On 2 March 2010 the parties entered into Consent Orders in the Family Court of Australia at Sydney resolving the property and parenting issues between them. On that same day they entered into a Binding Child Support Agreement, which provided that…
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- [2012] FMCAfam 739
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