Y and Y

[2001] FMCAfam 258

FEDERAL MAGISTRATES COURT OF AUSTRALIA

Y & Y [2001] FMCAfam 258

CHILD SUPPORT – Administrative assessment – liable parent – recovery of monies – DNA testing.

Applicant: G W Y

First Respondent: M Y

Second Respondent CHILD SUPPORT AGENCY

File Number: ZN 2861 of 2001

Judgment of: Donald FM

Hearing date: 26 October 2001

Delivered at: Newcastle

Delivered on: 22 November 2001

REPRESENTATION

Counsel for the Applicant: Robert Peattie & Associates

Solicitors for the First Applicant: Farrell Lusher Solicitors

Counsel for the First Respondent: Ian Duane

Solicitors for the Child Support Registrar: James McCulloch, Australian Government Solicitors

ORDERS

1. That, on or before the date on which she receives payment pursuant to Order 2 of the Orders made in the Family Court of Australia on

   
   

   9 August 1999, the First Respondent pay to the Applicant the sum of $21,953.80 less any amount recovered by the Applicant from the Second Respondent as referred to herein.

2. That within 28 days of the date of these orders, the First Respondent pay to the Applicant the sum of $742.50 being the cost of DNA testing carried out by Silbase Scientific Services.

3. That the Second Respondent pay to the Applicant the sum of $750.32.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
NEWCASTLE

ZN 2861 of 2001

G W Y

Applicant

And

M Y

First Respondent

And

CHILD SUPPORT AGENCY

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter in which the Applicant has sought orders against the Respondent in the following terms:

   (a)That the Child Support Agency be joined to the proceedings.

   (b)

   That pursuant to Section 107 of the Child Support (Assessment) Act, the Respondent, M Y, be declared never to have been entitled to an administrative assessment of child support for the child,

   
   

   B A Y.

   (c)That M Y pay to G W Y within twenty-eight (28) days of the making of these Orders or at such other times as may be determined by the Court the following sums:

   (i)The cost of DNA testing carried out by Silbase Scientific Services in the sum of $742.50;

   (ii)Child support paid to M Y direct by G W Y from 19 February 1998 to 15 February 2001 in the sum of $21,953.80;

   (iii)Child support paid to the Child Support Agency for payment out to M Y in the sum of $1,701.13.

   (iv)The Applicant’s legal costs as agreed between the parties but failing agreement as assessed by the Court.

   (d)That in the alternative to Order C, the Child Support Agency repay to the Applicant the sums referred to in Order C(ii), (iii) and (iv) of this application.

2. The Orders sought as A and B, above, have been made by consent.  The Child Support Agency has been joined to these proceedings and was represented as was the Applicant and the First Respondent.

3. I note that the Child Support Agency, the Second Respondent, has now paid to the Applicant the sum of $950, being part of the sum sought by the Applicant in C(iii), above.

4. It is the submission of…