Jones v Child Support Registrar [2007] FCA 1732

Jones v Child Support Registrar [2007] FCA 1732

The applicant was not granted a stay because the Court was not persuaded there was any reasonable prospect of the appeal succeeding or a serious question to be tried, as the material before the Registrar was not available to establish an arguable basis for success.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 November 2007
Procedural Posture
Appeal / Interlocutory Application for Stay of Departure Prohibition Order
Outcome
Application for stay refused; matter stood over for urgent directions.
Legal Topics
['child Support Liability' 'appeal Against Departure Prohibition Order' 'stay of Orders']
['family Law' 'administrative Law'] ['child Support Liability' 'appeal Against Departure Prohibition Order' 'stay of Orders']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Application for Stay of Departure Prohibition Order

Legal Issues

  1. 1 ['Whether a stay of departure prohibition order should be granted pending appeal' "Whether reasonable grounds existed for the Registrar's satisfaction and belief under s 72D of the Child Support (Registration and Collection) Act 1988"]

Ratio Decidendi

The applicant was not granted a stay because the Court was not persuaded there was any reasonable prospect of the appeal succeeding or a serious question to be tried, as the material before the Registrar was not available to establish an arguable basis for success.

Court Disposition

Application for stay refused; matter stood over for urgent directions.

Orders

  • ['The matter be listed for directions at 9.30 am on Friday, 9 November 2007.']