Wednesday, April 15, 2009

We wonder what role the SRL played in this DeadBeat Dad case?

http://www.austlii.edu.au/au/cases/cth/FMCAfam/2009/34.html

Child Support Registrar & Gillies [2009] FMCAfam 34 (21 January 2009)

Last Updated: 6 February 2009

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHILD SUPPORT REGISTRAR & GILLIES

CHILD SUPPORT – Summary dismissal – enforcement of Orders for payment of child support debt – declaration of debt owed and orders made in 2006 for Respondent to make payment – failed to comply – Respondent seeks summary dismissal on basis of res judicata – Order 33 rule 3(9) – open to child support registrar to seek to enforce payment of unpaid order.


Attorney General (NSW) v Wentworth (1988) 14 NSWLR 481
Blair v Curran [1939] HCA 23; (1939) 62 CLR 464
Bryant v Commonwealth Bank of Australia [1995] FCA 1299; (1995) 130 ALR 129
Chamberlain v Deputy Commissioner of Taxation [1988] HCA 21; (1988) 164 CLR 502
Deputy Child Support Registrar v Harrison (1995) 128 FLR 349
Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589

Applicant:
CHILD SUPPORT REGISTRAR

Respondent:
MR GILLIES

File number:
SYC 1978 of 2008

Judgment of:
Sexton FM

Hearing date:
16 September 2008

Date of last submission:
16 September 2008

Delivered at:
Sydney

Delivered on:
21 January 2009

REPRESENTATION

Solicitors for the Applicant:
Australian Government Solicitors

Respondent:
In person

THE COURT ORDERS THAT:

(1) The Application in a Case, dated 10 May 2008, filed by the Respondent be dismissed.
(2) The proceedings initiated by the Form 46 summons and Form 45B summons be listed for hearing before me at 10.00a.m. on 29 April 2009 for no longer than half a day.
(3) The Respondent produce to the Exhibits section of this Registry no later than 7 days prior to hearing all documents listed in the Schedule to the Form 45B Enforcement Summons dated 8 April 2008.
(4) The Child Support Registrar be granted leave to inspect the documents referred to in (3) and to photocopy those documents.
(5) Any application for costs of these proceedings be adjourned for hearing before me at 10.00a.m. on 29 April 2009.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

No comments: