WALTON & ANDERSEN

Case

[2015] FCCA 1752

26 June 2015


Details
AGLC Case Decision Date
WALTON & ANDERSEN [2015] FCCA 1752 [2015] FCCA 1752 26 June 2015

CaseChat Overview and Summary

In *Walton & Andersen*, heard by Judge Scarlett, the husband sought interim orders to stay the collection and enforcement of child support arrears and to restrain the Child Support Registrar from issuing a Departure Prohibition Order. These applications were opposed by the wife. The husband deposed that he had recently arrived in Australia and was informed he was in arrears of approximately $54,000.00, with a demand for a $25,000.00 payment. He stated that failure to return to his overseas employment by 30 January 2015 would likely result in the loss of his position and his ability to pay child support.

The court was required to determine whether to grant the husband's interim applications for a stay of child support collection and enforcement, and for a restraint on the Child Support Registrar issuing a Departure Prohibition Order, pending the final determination of the proceedings. A further issue arose concerning the wife's costs following the husband's consent to the dismissal of his interim application.

The husband's interim application was ultimately dismissed by consent on the day of the interim hearing. Consequently, the interim orders made on 10 February 2015, which had provided for a stay on child support collection and the issuing of a Departure Prohibition Order, were discharged. The court ordered the applicant husband to pay the respondent wife's costs fixed at $1,536.00. The application for final orders was adjourned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Stay of Proceedings

  • Injunction

  • Appeal

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