Montgomery v Child Support Registrar [2015] FCA 891

Montgomery v Child Support Registrar [2015] FCA 891

The application failed because any failure to notify the applicant of the Departure Prohibition Order would not affect the order's validity and, in any event, the Registrar complied with the notification obligation by sending notice to the last address attributed to the applicant in the Registrar's records. The evidence showed that the statutory conditions in s 72D were satisfied. The applicant's notice to admit did not produce deemed admissions because it asserted matters of law or mixed fact and law rather than facts. The criminal law, treaty and Magna Carta arguments did not establish invalidity: the order did not compel payment or labour, the Registrar was authorised by the Child...

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Application/appeal to Set Aside a Departure Prohibition Order Under the Child Support (registration and Collection) Act 1988 (cth) / Final Hearing and Judgment
Outcome
Originating application dismissed with costs.
Legal Topics
['departure Prohibition Order' 'notification Requirements' 'validity of Administrative Decision' 'part 22 Admissions' 'notice to Admit Facts' 'international Treaties' 'magna Carta' 'slavery, Servitude, Forced Labour and Torture Offences']
['administrative Law' 'practice and Procedure' 'child Support'] ['departure Prohibition Order' 'notification Requirements' 'validity of Administrative Decision' 'part 22 Admissions' 'notice to Admit Facts' 'international Treaties' 'magna Carta' 'slavery, Servitude, Forced Labour and Torture Offences']

Case Brief

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Procedural Posture

Application/appeal to Set Aside a Departure Prohibition Order Under the Child Support (registration and Collection) Act 1988 (cth) / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether the Departure Prohibition Order was invalid because the Child Support Registrar failed to notify the applicant under s 72G(2) of the Child Support (Registration and Collection) Act 1988 (Cth).' 'Whether the respondent complied with the obligation to notify the applicant of the Departure Prohibition Order.' 'Whether the requirements for making a Departure Prohibition Order under s 72D of the Child Support (Registration and Collection) Act 1988 (Cth) were satisfied.' "Whether the respondent was taken to have admitted matters in the applicant's notice to admit facts under Part 22 of the Federal Court Rules 2011 (Cth)." 'Whether the Departure Prohibition Order was invalid because it involved slavery, servitude, forced labour or torture offences under the Criminal Code.' 'Whether alleged inconsistency with international treaty obligations or Magna Carta affected the validity of the Departure Prohibition Order.']

Ratio Decidendi

The application failed because any failure to notify the applicant of the Departure Prohibition Order would not affect the order's validity and, in any event, the Registrar complied with the notification obligation by sending notice to the last address attributed to the applicant in the Registrar's records. The evidence showed that the statutory conditions in s 72D were satisfied. The applicant's notice to admit did not produce deemed admissions because it asserted matters of law or mixed fact and law rather than facts. The criminal law, treaty and Magna Carta arguments did not establish invalidity: the order did not compel payment or labour, the Registrar was authorised by the Child...

Court Disposition

Originating application dismissed with costs.

Orders

  • ['The name of the respondent be amended to "Child Support Registrar".' 'The originating application is dismissed.' "The applicant pay the respondent's costs of the proceeding."]