3.4.2 New order or court registered agreement that affects a liability
The Registrar must vary the Register when a copy of a new court order or court registered agreement that affects a liability is received.
CSRC Act section 37
The Registrar must vary the Register to give effect to the terms of a new order or court registered agreement that affects a registered maintenance liability. The liability will be varied from the date required by the order or agreement. The date that the Registrar received the order is not relevant.
The actual wording of the order is of critical importance. The Registrar will take care to understand how the new order affects the original liability. Where the original liability was based on a court order or court registered agreement, the requirements of the original order or agreement need to be properly understood to correctly apply the variation required by the new order (3.5).
Example: The Registrar registered a court ordered liability in 2012. The payee provides a new order on 12 October 2021, which was made in the Federal Circuit and Family Court of Australia on 22 September 2021. The order states that the previous order is varied so that the payer is to pay $75 per week for each of the children named in the order from 1 September 2021. The Registrar varies the Register to show that the liability is $75 per child per week from 1 September 2021.
Frequently asked question
The payee of an existing liability provides a new order to the Registrar 3 months after it is made. Is the liability varied from the date of receipt?
No. Once the Registrar has registered a liability, the Register must be varied to give effect to any court orders that affect the liability. The variation must be made according to the terms of the order. The date the Registrar received the order is irrelevant.