Stewart, Peter Mark v The State of Queensland [1995] FCA 817

CATCHWORDS BANKRUPTCY - Application under s.153(2A) of the Bankruptcy Act 1966 (Cth) - arrears of child support pursuant to administrative assessment - consideration of the statutory scheme for the administrative assessment and collection of child support - upon deduction of child support from wages or salary as child support debt due and payable by supporting parent - Child Support Registrar unable to appropriate payment to earlier and different debt - exercise of discretion to grant discharge on conditions. Bankruptcy Act ss.153(1), 153(2A), 153(2)(c) Child Support (Assessment) Act 1989 (Cth) ss. 29-31, 36-37, 77-79 Child Support (Registration and Collection) Act 1988 (Cth) ss.5, 17, 24A, 30, 43, 45, 46, 49, 51, 52, 66, 67 Re Walsh; Ex parte Deputy Commissioner of Taxation (1982) 42 ALR 727 - Refd. Re Beckwith; Ex parte Power & Power (1993) 43 FCR 256 - Refd. Re Reilly; Ex parte The Debtor (1979) 36 FLR 268 - Refd. Re Peter Mark Stewart; Ex parte Peter Mark Stewart No. QB 21 of 1993 Cooper J., Brisbane, 10 October 1995

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND No. QB21 of 1993 RE: PETER MARK STEWART

EX PARTE: PETER MARK STEWART Applicant

JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 10 October 1995

MINUTES OF ORDER THE COURT ORDERS THAT: 1. The applicant's liability for the arrears of child support outstanding at 5 January 1993, after crediting against that liability for the benefit of the payee of the child support any sums paid by the applicant or deducted from his earnings since 5 January 1993 as penalties for late or non-payment of child support since that date, be discharged. 2. Each party bear its own costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.