SCVG and Child Support Registrar

In the matter of SCVG and the Child Support Registrar, Le Poer Trench J of the Family Court of Australia considered an application by Mr SCVG (the appellant) concerning a notice issued under section 72A(2) of the Child Support (Registration and Collection) Act 1988 (Cth). The dispute centred on a notice directed to the public officer of Ernst and Young, dated 18 June 2015.

The primary legal issue before the Court was whether to grant a stay on the operation of the section 72A(2) notice. The Court was required to determine the conditions, if any, under which such a stay should be granted, and the consequences of non-compliance with those conditions.

Le Poer Trench J reasoned that a stay of the notice should be granted, but only on specific conditions designed to ensure the appellant's cooperation with the appellate process and his ongoing child support obligations. The Court ordered that the operation of the notice be stayed until 30 May 2016, or a further date ordered by the Full Court or a Judge of the Appeal Division. This stay was conditional upon the appellant taking all necessary steps to ensure his appeals were ready for hearing on 27 May 2016 and meeting all his child support assessment obligations during the period of the stay. The Court further ordered that failure to comply with either condition would result in the immediate discharge of the stay.

In addition to the stay order, the Court dismissed the appellant's Applications in a Case filed on 23 September 2015 and 16 November 2015, as amended.