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    Federal Magistrates Court of Australia

    Child Support

    Rules

    In view of recent amendments to the child support legislation, new child support rules are prescribed; see Part 25A. These new rules facilitate determination of such matters, where possible, on the first return date. The new rules allow a litigant to appeal from a decision of the Social Security Appeals Tribunal (SSAT) or from a decision of the Child Support Registrar (CSR) to issue a departure prohibition order. The new rules also include applications for child maintenance.

    Forms

    The combined Initiating Application (family law) is approved for use for those child support proceedings that can still be filed in the Court rather than going to the Social Security Appeals Tribunal. A new form Notice of Appeal (Child Support) is approved for appeals against a decision of the Social Security Appeals Tribunal (SSAT), or the Child Support Registrar (CSR) to issue a departure prohibition order. The forms currently prescribed for child support enforcement proceedings are approved for use.

    Brochure

    A new brochure Child Support Applications has been prepared and approved by the Chief Federal Magistrate. The brochure must be served on the respondent to an application or appeal.

    Child Support Notice - Specialist Panel and Urgent Applications

    The Court has issued a new child support notice. The notice explains the establishment of a specialist Child Support Panel and the procedure for dealing with urgent child support applications.

The Panel, which comprises of Federal Magistrates in New South Wales, South Australia, Queensland and Victoria, can hear:

    - appeals from the Social Security Appeals Tribunal
    - appeals from the Child Support Registrar
    - appeals from the Administrative Appeals Tribunal with respect to child support transferred from the Federal Court of Australia, and
    - international child support and child maintenance cases.

    Other child support and child maintenance applications will continue to be listed in accordance with existing listing practices.

    Forms approved by the Chief Federal Magistrate, pursuant to Subrule 2.04 (1a) of the Federal Magistrates Court Rules 2001 – from 2 July 2007

    Child Support 

    Initiating Application (family law)

    Subrule 25A.02(1)

    The FMC only has the power to hear certain type of child support matters directly. In these situations, use the Initiating Application (Family law).

    Form 45A: Notice requiring financial information

    Subrule 25B.05(2)

    Approved form identified by that number, or by that number and letter

     

    Form 45B: Summons – Child Support

    Subrule 25B.05(2)

    Approved form identified by that number, or by that number and letter

     

    Notice of Appeal – Child Support

    Subrule 25A.02(2)

    Approved form

    New form, primarily used in family law however can be used when seeking to appeal from a decision of the Child Support Registrar (CSR) to issue a departure prohibition order 

    Brochure

     

     

     

    Child Support Applications

    Subrule 25A.07(5)

    Approved Brochure

    Brochure

    What else is filed?
    See Rule 25A.05
    Also see requirement to serve a brochure called ‘Child Support Applications’ approved by the Chief Federal Magistrate; Subrule 25A.07(5)

    Child Support Links