Tuck and Johns and Anor

In the matter of *Tuck and Johns and Anor*, Judge Kelly of the Federal Circuit Court of Australia considered an application for a stay of a decision made by the Administrative Appeals Tribunal (AAT). The application concerned accrued arrears of child support.

The central legal issue before the Court was whether to grant a stay of the AAT's decision, specifically in relation to the creation of accrued child support arrears for a defined period, and to restrain the Child Support Agency from enforcing those arrears pending further order.

Judge Kelly ordered that the AAT's decision be stayed insofar as it operated to create accrued arrears of child support for the period from 1 January 2015 to 21 July 2015. Furthermore, the Child Support Agency was restrained from taking any action to enforce payment of any arrears that had accrued under the AAT's decision, pending further order of the Court.