SCVG and Child Support Registrar (No 2) - [2016] FamCA 302

FAMILY COURT OF AUSTRALIA

SCVG & CHILD SUPPORT REGISTRAR (NO 2)

[2016] FamCA 302

FAMILY LAW – STAY APPLICATION – Where there has been a previous stay order – Where an extension is requested – Where the Full Court is due to hear the matter within a short space of time – Where the stay is granted with conditions

Family Law Act 1975 (Cth)

APPLICANT:

Mr SCVG

RESPONDENT:

Child Support Registrar

FILE NUMBER:

SYC

2044

2013

DATE DELIVERED:

19 February 2016

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Le Poer Trench J

HEARING DATE:

19 February 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT:

In Person

COUNSEL FOR THE RESPONDENT:

Mr Kaplan

Orders

For all those reasons I make the following orders:

Between the date of this Order and 30 May 2016, or such further date as the Full Court or a Judge of the Appeal Division of the Family Court of Australia may order, the operation of the s 72A(2) notice issued pursuant to the power contained in the Child Support (Registration and Collection) Act 1988 (Cth), the Notice directed to the public officer Ernst and Young and dated 18 June 2015 is stayed upon the following conditions:
a.That Mr SCVG (the appellant) do all things necessary on his part to ensure that Appeal Number EA75 of 2015 together with any other appeal which he has lodged and which the appeal registrar of this Court consolidates with appeal number EA75/2015 is ready to proceed to hearing on 27 May 2016.
b.That the appellant meet all his obligations under any child support assessment which may be operative between this date and 30 May 2016.
Should the appellant fail to comply with either of the two conditions above specified, the stay order made herein shall stand immediately discharged.
The Applications in a Case filed by the husband on 23 September 2015 and 16 November 2015, as amended by the minute of order marked as Exhibit “A” today, are otherwise dismissed.

IT IS NOTED:

It is intended that the Order made herein will operate to prevent the collection of arrears of Child Support owed by the appellant as at the date hereof until 30 May 2016 (the Monday following the date expected for the hearing of the appellant’s appeal against the Orders of Judge Scarlett made 30 April 2015) or such further time as the Full Court of this Court or a Judge of the Appeal Division may order, and subject to the appellant meeting the conditions imposed in the Order.

IT IS NOTED that publication of this judgment by this Court under the pseudonym SCVG & Child Support Registrar has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 2044 of 2013

Mr SCVG

Applicant

And

Child Support Registrar

Respondent

REASONS FOR JUDGMENT

Before the Court is an application in a case, filed by Mr SCVG (hereafter called the appellant) on 23 September…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2016] FamCA 302
Decision Date: 19 February 2016

CaseChat Overview and Summary

This matter came before Le Poer Trench J of the Family Court of Australia concerning an application by Mr SCVG (the appellant) for a stay of a s 72A(2) notice issued under the Child Support (Registration and Collection) Act 1988 (Cth). The notice, directed to the public officer of Ernst and Young and dated 18 June 2015, was the subject of the appellant's dispute.

The primary legal issue before the Court was whether to grant a stay of the s 72A(2) notice. This involved considering the conditions under which such a stay should be granted, particularly in the context of ongoing appeal proceedings and the appellant's child support obligations.

The Court reasoned that a stay of the notice should be granted, but only on specific conditions designed to ensure the progression of the appellant's appeals and his compliance with child support assessments. These conditions were that the appellant must take all necessary steps to ensure his consolidated appeals were ready for hearing by 27 May 2016 and that he must meet all his child support obligations during the period of the stay. The Court stipulated that failure to comply with either of these conditions would result in the immediate discharge of the stay.

Consequently, the Court ordered that the operation of the s 72A(2) notice be stayed until 30 May 2016, or a further date ordered by the Full Court or a Judge of the Appeal Division, subject to the aforementioned conditions. The Court also ordered that the appellant's Applications in a Case filed on 23 September 2015 and 16 November 2015, as amended, be dismissed.

Orders

Orders of the court

For all those reasons I make the following orders:

Between the date of this Order and 30 May 2016, or such further date as the Full Court or a Judge of the Appeal Division of the Family Court of Australia may order, the operation of the s 72A(2) notice issued pursuant to the power contained in the Child Support (Registration and Collection) Act 1988 (Cth), the Notice directed to the public officer Ernst and Young and dated 18 June 2015 is stayed upon the following conditions:

a. That Mr SCVG (the appellant) do all things necessary on his part to ensure that Appeal Number EA75 of 2015 together with any other appeal which he has lodged and which the appeal registrar of this Court consolidates with appeal number EA75/2015 is ready to proceed to hearing on 27 May 2016.

b. That the appellant meet all his obligations under any child support assessment which may be operative between this date and 30 May 2016.

Should the appellant fail to comply with either of the two conditions above specified, the stay order made herein shall stand immediately discharged.

The Applications in a Case filed by the husband on 23 September 2015 and 16 November 2015, as amended by the minute of order marked as Exhibit “A” today, are otherwise dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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