FEDERAL CIRCUIT COURT OF AUSTRALIA
| YATHOPOULOS & KOMINE & ANOR | [2013] FCCA 267 |
| Catchwords: CHILD SUPPORT – Application for departure order – application for stay of departure prohibition order - stay refused. |
| Legislation: Child Support (Assessment) Act 1989, ss.117(2), 117(4), 117(5) Child Support (Registration and Collection) Act 1988, ss.72D(1), 72G, 72I(1), 72J, 72K, 72L, 72O, 72Q, 72T, 111C, 116(2) |
| Cases cited: Onder & Child Support Agency and Sari [2010] FMCAfam 693 |
| Applicant: | MR YATHOPOULOS |
| First Respondent: | MS KOMINE |
| Second Respondent: | THE CHILD SUPPORT REGISTRAR |
| File Number: | MLC 13656 of 2007 |
| Judgment of: | Judge Whelan |
| Hearing date: | 3 May 2013 |
| Date of Last Submission: | 3 May 2013 |
| Delivered at: | Melbourne |
| Delivered on: | 20 May 2013 |
REPRESENTATION
| Counsel for the Applicant: | Mr Tatti |
| Solicitors for the Applicant: | WMB Lawyers |
| Counsel for the First Respondent: | No appearance |
| Counsel for the Second Respondent: | Mr Maat |
| Solicitors for the Second Respondent: | Australian Government Solicitor |
ORDERS
That the application for a stay of the Departure Prohibition Order made by the Child Support Agency on 20 December 2012, filed 21 December 2012, and made under s.111C of the Child Support (Registration and Collection) Act 1988 is dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Yathopoulos & Komine & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLC 13656 of 2007
| MR YATHOPOULOS |
Applicant
And
| MS KOMINE |
First Respondent
| THE CHILD SUPPORT REGISTRAR |
Second Respondent
REASONS FOR JUDGMENT
Introduction
This is an application for a stay of a Departure Prohibition Order (“DPO”) issued by the Child Support Agency (“CSA”) on 20 December 2012. The application forms part of proceedings in which the Applicant, MR YATHOPOULOS (“the Applicant”) seeks that Orders for child support made on 2 November 2009 be varied to reduce the amount payable and the amount of child support currently owed by the Applicant be discharged or varied. The Applicant also seeks an Order that he be able to apply for an Australian passport for one of the children of the marriage without the need for the Respondent’s consent.
The application also sought that the DPO issued on 20 December 2012 be set aside. During the proceedings it became clear that the Applicant only sought that Order if the amount of child support currently owing by him was wholly discharged. In such a case the REGISTRAR OF THE CSA (“the Second Respondent”) would be obliged by s.72I(1) of the Child Support (Registration and Collection) Act 1988 (“the Act”) to revoke the Order.
Background
The initial application in this matter was lodged on 21 December 2012. The Applicant stated in support of an order varying the Consent Orders made on 2 November 2009:
Since…
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- AGLC
- Yathopoulos & Komine & Anor [2013] FCCA 267
- Case
- [2013] FCCA 267
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether to grant a stay of the DPO, which was made under section 111C of the *Child Support (Registration and Collection) Act 1988*. This required the Court to consider the merits of the applicant's case for a stay.
The Court dismissed the application for a stay. While the specific reasons for dismissal are not detailed in the provided text, the outcome indicates that the applicant did not satisfy the necessary legal threshold for a stay of the DPO. The Court's decision was to uphold the DPO as it stood.
Orders
Orders of the court
1.
That the application for a stay of the Departure Prohibition Order made by the Child Support Agency on 20 December 2012, filed 21 December 2012, and made under s.111C of the Child Support (Registration and Collection) Act 1988 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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