TRITTON & POYZER

In the Family Court of Australia, Dawe J considered an application by the wife seeking a stay of the collection of child support and a review of a child support assessment. The wife's application was made under section 140 of the *Child Support (Assessment) Act 1989*, a provision that had been repealed in 2007. The Court also considered its potential jurisdiction to make such orders under section 111C of the *Child Support (Registration and Collection) Act 1988*.

The central legal issues before the Court were whether it possessed jurisdiction to grant the wife's requested orders, particularly in light of the repeal of section 140 of the *Child Support (Assessment) Act 1989*, and if such jurisdiction existed, whether it was appropriate to exercise it in the circumstances of the case.

Dawe J determined that even if jurisdiction existed under section 111C of the *Child Support (Registration and Collection) Act 1988*, it was not appropriate to exercise it in this instance. The Court therefore dismissed the wife's amended application. The husband's application for costs was reserved for further consideration.