Truss and Child Support Registrar

FEDERAL CIRCUIT COURT OF AUSTRALIA

TRUSS & CHILD SUPPORT REGISTRAR [2016] FCCA 2747

Catchwords:
CHILD SUPPORT – Application for stay of operation of departure prohibition order pending appeal to the court – statutory criteria to be satisfied before departure prohibition order made – jurisdiction to grant stay – merits of application – balance of convenience.

Legislation:

Child Support (Registration & Collection) Act 1988: ss.12; 13; 17; 30; 72D; 72G; 72H; 72K; 72M; 111C; 113C; 111(2); 116(2)

Child Support (Assessment) Act 1989

Cases cited:
South Australia v Totani [2010] HCA 39
Newell v Child Support Registrar [2015] FCCA 2815
Jones v Child Support Registrar [2007] FCA 1732
Whittaker v Child Support Registrar [2010] FCA 43

Applicant: MR TRUSS

Respondent: CHILD SUPPORT REGISTRAR

File Number: ADG 338 of 2016

Judgment of: Judge Brown

Hearing date: 20 October 2016

Date of Last Submission: 20 October 2016

Delivered at: Adelaide

Delivered on: 26 October 2016

REPRESENTATION

Counsel for the Applicant: In person

Solicitors for the Applicant: Not Applicable

Counsel for the Respondent: Ms B Rayment

Solicitors for the Respondent: Mills Oakley

ORDERS

1. The application in a case filed on 18 October 2016 be dismissed.

2. The applicant pay the respondent’s costs fixed in an amount of $3,000.00.

3. The appeal be set down for hearing on 17 November 2016 at 2:15pm in Adelaide.

4. Both parties file and serve any further affidavit material by no later than 4:00pm on 1 November 2016.

5. The applicant file and serve written submissions by no later than 4:00pm on 7 November 2016.

6. The Child Support Registrar file and serve written submissions by no later than 4:00pm on 14 November 2016.

IT IS NOTED that publication of this judgment under the pseudonym Truss & Child Support Registrar is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADG 338 of 2016

MR TRUSS

Applicant

And

CHILD SUPPORT REGISTRAR

Respondent

REASONS FOR JUDGMENT

Introduction

1. This application arises as a consequence of provisions contained in Part VA of the Child Support (Registration & Collection) Act 1988 (“the Registration & Collection Act”).  Part VA authorises the Child Support Registrar to make what is known as a departure prohibition order (“DPO”).

2. A DPO is an instrument, which prohibits a person leaving Australia for overseas, if he or she has an outstanding child support liability.  It authorises officers of the Australian Federal Police and the Australian Customs and Border Protection Service to prevent a person leaving the country.

3. On 10 October 2016, Mr Truss (“the applicant”) attempted to depart Australia, at Sydney Airport, on a commercial airliner bound for (country omitted).  At check-in, he was advised that there was a DPO applicable to him, as a consequence of a child support liability in an amount of $20,496.36.

4. On 20 October 2016, the applicant commenced proceedings, in this Court, seeking an order that the DPO, made in respect of him, be set aside.  The grounds of his Application are as follows:

   “i.The DPO was…