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Child Support

 

 

 

 

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Child Support Agency,

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Social Security Appeals Tribunal

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Department of Families, Community Services and Indigenous Affairs

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 Judge. 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 Circuit Court judges 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 Judge, pursuant to Subrule 2.04 (1a) of the Federal Circuit Court Rules 2001 – from 17 April 2012

Child Support 

Initiating Application (family law)

Subrule 25A.02(1)

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

What else is filed?
Financial Statement
Supporting Affidavit

     

Enforcement Proceedings

 

 

 

Application in a Case

Subrule 25B.09(2)(a)

   

What else is filed?
Supporting Affidavit

 

 

 

Enforcement Warrant – Seizure & Sale of Property

Rule 25B.22

Approved for use

FCoA form

Third Party Debt Notice

Rule 25B.40

Approved for use

FCoA form

Brochure

     

Enforcement Hearings

Subrule 25B.17(3)(b)

Approved Brochure

 

Notice of Appeal – Child Support

Subrule 25A.02(2)

Approved form

Approved form, primarily used in appealing a decision of the SSAT 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 Judge; Subrule 25A.07(5)

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Page Updated 19 April 2012