Case: CSA stopping a person leaving Australia

Case: CSA stopping a person leaving Australia

In Jones v Child Support Registrar, the Federal Court refused on the first instance to grant the payer of child support a stay or freeze of a departure prohibition order issued by the Child Support Registrar.

A departure prohibition order, if made, prevents a payer leaving Australia. Section 72D(1) of the Act authorises the Registrar to make a departure prohibition order prohibiting a person from departing from Australia for a foreign country, if, relevantly:

• the person has a child support liability; and
• the person has not made arrangements satisfactory to the Registrar for the child support liability to be wholly discharged; and

• the Registrar is satisfied that the person has persistently and without reasonable grounds failed to pay child support debts arising from a registrable maintenance liability; and

• the Registrar believes on reasonable grounds, that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without wholly discharging the child support liability or making arrangements satisfactory to the Registrar for the child support liability to be wholly discharged.

The court held that:

 

three of the prerequisites of s 72D depend upon the state of mind of the Registrar, but the applicant does not know and, a fortiori, the Court does not know, the nature of the material before the Registrar that may have justified a conclusion that the applicant has not made arrangements satisfactory to the Registrar, that the Registrar is satisfied that the applicant has persistently, without reasonable grounds, failed to pay child support debts and that the Registrar believed that it was desirable to make the order.

Things to Read, Watch & Listen

A Call for National Reform: Stephen Page’s Submission on Surrogacy to the ALRC

Australia’s surrogacy laws remain inconsistent and outdated, varying widely between states and lacking a unified, national approach. In response to the Australian Law Reform Commission’s review, renowned family and fertility lawyer Stephen Page has submitted a detailed and passionate proposal for reform.

What You Need to Know About Separation & Divorce

Contemplating separation or divorce can be one of the most challenging and emotionally taxing experiences in life. If you find yourself at this crossroads, it’s vital to approach the situation with foresight and preparation.

Should You Go to Iran for Surrogacy?

When it comes to surrogacy destinations, Iran is probably not the first country that springs to mind. Yet, surprisingly, Iran’s surrogacy laws share some striking similarities with those of California—a state known for its progressive and clear legal framework on assisted reproduction.

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board