Russo & Child Support Registrar

FEDERAL MAGISTRATES COURT OF AUSTRALIA

RUSSO & CHILD SUPPORT REGISTRAR [2009] FMCAfam 437

CHILD SUPPORT – Appeal from a Departure Prohibition Order – dismissed.

Child Support (Registration and Collection) Act 1988, ss.17 & 72
Taxation Administration Act 1953, s.14V

Jones v Child Support Registrar [2007] FCA 1732

Poletti v Deputy Commissioner of Taxation (1994) 124 ALR 373

Applicant: MR RUSSO

Respondent: CHILD SUPPORT REGISTRAR

File Number: SYC 7131 of 2008

Judgment of: Sexton FM

Hearing date: 29 April 2009

Date of Last Submission: 29 April 2009

Delivered at: Sydney

Delivered on: 30 April 2009

REPRESENTATION

Counsel for the Applicant: In Person

Solicitors for the Respondent: Minter Ellison Solicitors

ORDERS

1. The appeal in relation to the Departure Prohibition Order filed

   
   

   2 December 2008 be dismissed noting a transcript of the reasons for decision will be made available to each party as soon as practicable.

2. The Respondent’s costs application in relation to the appeal be adjourned to 25 June 2009 at 10.00a.m.

3. The Applicant attend personally on the adjourned date ­­noting if the Applicant retains legal representation, the legal representative may attend court on the Applicant’s behalf.

4. The Respondent’s legal representative provide the Applicant and the Court with written submissions in relation to costs sought on both an indemnity basis and in accordance with the costs schedule by no later than 4.00p.m. on 22 May 2009.

5. The Applicant provide the Respondent’s legal representative and the Court with written submissions in relation to the costs application by no later than 4.00p.m. on 17 June 2009.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYC 7131 of 2008

MR RUSSO

Applicant

And

CHILD SUPPORT REGISTRAR

Respondent

REASONS FOR JUDGMENT

Ex Tempore

1. These reasons were delivered orally.

2. This matter is an appeal by the applicant father of two children, [X] aged 18 and [Y] aged 11 years, from a decision of the Child Support Registrar to issue a Departure Prohibition Order. The Child Support Registrar asks that the appeal be dismissed.

3. The Registrar issued the Departure Prohibition Order on 21 November 2008. The Applicant filed a notice of appeal from the Registrar's decision on 2 December 2008. In his notice of appeal, the Applicant sought an order that the Departure Prohibition Order be set aside. In summary, the Applicant's grounds of appeal state that he is required to travel overseas for work related and family matters. He says that his elderly mother resides in Germany, and he has travelled to Germany in the past on average every two years to visit her. He also says that his business requires him to travel overseas approximately twice a year.

4. The Applicant was self‑represented at the hearing. The Child Support Registrar was represented by Ms Gibbons of Minter Ellison Solicitors. The Applicant relies on his own affidavit affirmed on 27 March 2009, filed on 30 March 2009, and…