Wilder and Child Support Registrar

[2009] FamCA 742

FAMILY COURT OF AUSTRALIA

WILDER & CHILD SUPPORT REGISTRAR [2009] FamCA 742

FAMILY LAW – PRACTICE AND PROCEDURE – Dismissal

APPLICANT: Mr Wilder

RESPONDENT: CHILD SUPPORT REGISTRAR, CHILD SUPPORT AGENCY

FILE NUMBER: SYC 1997 of 2008

DATE DELIVERED: 24 June 2009

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Fowler J

HEARING DATE: 24 June 2009

REPRESENTATION

APPLICANT: Mr Wilder appearing on his own behalf

SOLICITOR FOR THE RESPONDENT: Mr McCulloch

Orders

1. The Application in a Case filed 6 April 2009 is dismissed.

2. Leave is granted to the respondent to make an oral application for costs.

3. The applicant is to pay the respondent’s costs as agreed or assessed.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1997 of 2008

MR WILDER

Applicant

And

CHILD SUPPORT REGISTRAR, CHILD SUPPORT AGENCY

Respondent

REASONS FOR JUDGMENT

1. For reasons which appear from the exchange between myself and the applicant and the solicitor for the Child Support Registrar, the application of the applicant is dismissed.

RECORDED:  NOT TRANSCRIBED

1. The provisions of costs are dealt with by section 117 of the Act, which does provide that in ordinary circumstances each party will pay and bear their own costs, but there is reposed in the Court a general discretion to make orders for costs, and there are a number of matters that can be taken into account in making that determination.  It seems clear from the warrant of execution that there are assets with which a costs order could be met by the husband.  The proceedings before the Court today were ill-founded and misconceived and should not have been brought.  In the circumstances the Child Support Registrar is brought to Court unnecessarily and I would propose in that event to make an order that the applicant pay the respondent's costs as agreed or assessed.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Fowler

Associate: 

Date:  24 June 2009