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.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Cheap Surrogacy in Armenia? The Hidden Legal Traps You Must Know

Surrogacy in Armenia may look attractive at first glance. The price point is lower than many other international programs, and Armenia does have a legal framework permitting surrogacy. But low cost is not the same thing as low risk. For intended parents, especially Australians, this is one of those jurisdictions that demands very careful scrutiny… Read More »Cheap Surrogacy in Armenia? The Hidden Legal Traps You Must Know

ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

Stephen Page Joins Final ALRC Advisory Committee Meeting on Surrogacy Law Reform Our Legal Practice Director, Stephen Page, recently took part in the third and final meeting of the Advisory Committee to the Australian Law Reform Commission’s (ALRC) surrogacy inquiry. The ALRC is due to report to the federal government by 29 July. This is… Read More »ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

No Laws, High Risks: The Truth About Albanian Surrogacy

Albanian surrogacy is the kind of topic that should make intended parents stop and think very carefully before doing anything at all. When a country has no clear surrogacy framework, no proper safeguards, and no settled legal pathway for parentage, the risks do not sit at the edges. They sit right at the centre. At… Read More »No Laws, High Risks: The Truth About Albanian Surrogacy

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