The Family Responsibility Office sought a warrant of committal against Orrett Fagan for non-payment of child support arrears and ongoing support, pursuant to a default order.
Fagan cross-moved to set aside or vary the default order, citing health issues and reduced income.
The court considered the factors for setting aside a default order under Rule 25(19) of the Family Law Rules, finding Fagan had an arguable defence but had not acted promptly and had a history of non-compliance.
The court suspended the committal order pending further proceedings, set new payment terms, and provided for future review and possible committal if Fagan failed to comply.
