YARWOOD & SHORE

In the matter of *Yarwood & Shore*, the applicant, Yarwood, sought to bring a de facto property application. Shore, the respondent, opposed this application. The matter came before Judge Scarlett.

The court was required to determine several legal issues. Firstly, it considered whether the court had the power to apply for an administrative assessment of child support. Secondly, it examined whether a payee could enforce payment of a child support debt without first notifying the Child Support Registrar. Finally, the court addressed the consequences of the applicant's bankruptcy after the commencement of the action, specifically whether the application should be stayed and, if the trustee did not elect to continue the action, whether the application should be deemed abandoned.

Judge Scarlett reasoned that the court did not possess the power to apply for an administrative assessment of child support. Furthermore, the court held that a payee is statutorily prohibited from enforcing a child support debt without prior notification to the Child Support Registrar. Crucially, as Yarwood had been declared bankrupt after initiating the proceedings and the trustee had not elected to continue the action, the application was deemed abandoned and therefore stayed.

Consequently, the court ordered that the Application be discontinued and the Response be dismissed.