T & G & Child Support Registrar

[2003] FMCAfam 197

FEDERAL MAGISTRATES COURT OF AUSTRALIA

T & G & CHILD SUPPORT REGISTRAR [2003] FMCAfam 197

FAMILY LAW – Child support – departure prohibition order by Child Support Registrar restraining applicant from leaving Australia – applicant applying to Court to have order set aside – applicant seeking compensation for loss of income and seeking return of deposit – whether Court has jurisdiction.

Child Support (Registration and Collection) Act 1988, ss.72D; 72E; 72H; 72I; 72Q; 72T
Taxation Administration Act 1953, ss.14S; 14T; 14U; 14V; 14X; 14Y

T v F.C.T (1986) 86 ATC 4894

Applicant: VT

First Respondent: KG

Second Respondent: CHILD SUPPORT REGISTRAR

File No: PAM 237 of 2001

Delivered on: 6 January 2003

Delivered at: Parramatta

Hearing date: 6 January 2003

Judgment of: Scarlett FM

REPRESENTATION

The Applicant: In person

The First Respondent: No appearance

Solicitor for the Second Respondent:

Mr McCulloch

Australian Government Solicitor

ORDERS

1. That part of the application seeking orders against the Second Respondent is dismissed.

2. The parties are to pay their own costs.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PARRAMATTA

PAM 237 of 2001

VT

Applicant

And

KG

First Respondent

And

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

Application

1. This is an application by the father of a boy aged 12 years for variation of parenting orders in so far as the first respondent mother is concerned. The first respondent did not appear on the hearing date and played no part in the proceedings. The applicant also sought orders against the second respondent, the Child Support Registrar, as follows:

   (a)official review of child support obligation from 2 May 2001 to
   31 December 2002;

   (b)revocation of prohibition order issued on 8 February 2002 by respondent;

   (c)the respondent pays compensation to applicant for loss of income and other incidentals while being held in Australia; and

   (d)return of a deposit payment of $1250.00 from respondent payable to applicant.

2. The second respondent, the Child Support Registrar, opposes the application and submits that the Court does not have jurisdiction to make the orders sought.

Background

1. The applicant and the first respondent are the parents of a child aged

   
   

   12 years. The child resides with the mother in Sydney. The father, who is a Czech national, resides in the Czech Republic. He visits Australia each year to his two children.

2. The Child Support Agency made an administrative assessment of child support which commenced on 7^th February 2001. The child support payments are in arrears, and have been for some time.

3. On 8^th February 2002 a Departure Prohibition Order was issued against the applicant pursuant to section. 72D of the Child Support (Registration and Collection) Act 1988. As a result, the applicant was unable to leave Australia to return to the Czech Republic. On or about 23^rd February 2002 he entered into an arrangement with the Child Support Agency that he would deposit a sum of $1,250.00 as a security deposit, and the agency issued a Departure Authorisation Certificate under section. 72L of the Act.

4. The orders that…