Short and Trevillian

[2007] FamCA 416

FAMILY COURT OF AUSTRALIA

SHORT & TREVILLIAN [2007] FamCA 416

FAMILY LAW - CHILD SUPPORT – Father given credit for paying school fees

Family Law Act 1975 (Cth)

APPLICANT: MS SHORT

RESPONDENT: MR TREVILLIAN

FILE NUMBER: ADF 1855 of 2003

DATE DELIVERED: 16 March 2007

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 16 March 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Pyke QC

SOLICITOR FOR THE APPLICANT: Howe Martin & Associates

COUNSEL FOR THE RESPONDENT: Mr Berman

SOLICITOR FOR THE RESPONDENT: Angela Ferdinandy

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Strickland delivered this day will for all publication and reporting purposes be referred to as Trevillian & Short.

Orders

1. That in relation to the Child Support Assessments for the children the elder daughter born in June 1995, younger daughter born in June 1998 for the period between 20 March 2006 and 31 December 2006 the husband be given credit for that proportion of the school fees that he paid to S College for the 2006 calendar year for the said children that equates with the proportion that the number of days between 20 March 2006 and 31 December 2006 bears to the entire year.

2. That the Form 63 Application filed by the husband in the Federal Magistrates Court on 26 February 2004 and transferred to the Family Court of Australia on 7 April 2004 be dismissed and removed from the active pending list.

3. That the Form 63 Application filed by the wife in the Federal Magistrates Court on 9 March 2004 and transferred to the Family Court of Australia on 7 April 2004 be dismissed and removed from the active pending list.

4. That all applications be dismissed and removed from the active pending list.

5. That liberty be granted to both parties to speak to order number 1 hereof.

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 1855 of 2003

MRS SHORT

Applicant

And

MR TREVILLIAN

Respondent

ADDENDUM REASONS FOR JUDGMENT

1. In the matter of Short and Trevillian, I delivered my reasons for judgment on 9 March 2007.  I raised with counsel though paragraph 246 of my reasons for judgment relating to child support assessments for the children the elder daughter and younger daughter between 20 March 2006 and 31 December 2006.  I indicated in that paragraph what I proposed to do in relation to those child support assessments and I raised the issue as to whether I needed to make an order about it or whether there could be an administrative amendment through the Child Support Agency.  I adjourned the matter to today to enable the parties to make inquiries about that. 

2. I am told today by both counsel that attempts have been made to clarify that issue with the Child Support Agency, but without success.  In the circumstances, I propose then to make an order to carry out my intention expressed in paragraph 246, and I will give liberty to speak to that order, so that if the Child Support Agency raise issues about the way the order is expressed, then that can be attended to in due course.

I certify that the preceding
2 numbered paragraphs are
a true copy of the reasons herein of the
Honourable Justice Strickland.
The 16^th day of March 2007.

……………………………………….
Associate