Dad-who-wasn't slugged for court costs

Tyrael · #1 10th-November-2006

Quote:

Dad-who-wasn't slugged for court costs

November 6, 2006 - 12:14PM

A Melbourne man who paid child support for children who turned out not to be his has now been ordered to pay "massive" legal costs to the Commonwealth.

Liam Neale Magill, 56, recently lost his bid for compensation for psychological damages he claims he suffered at the hands of the Child Support Agency.

Today he was ordered to pay the agency's legal fees.

No specific amount has been sought by the Commonwealth, but Mr Magill's partner, Cheryl King, who represented him in court, said she expected the bill to be massive.

"We've been running this for 18 months," she said.

Mr Magill began paying child support for three children after he separated from his wife Meredith in 1992.

In 2000, DNA testing revealed that only one of the children was his.

In November 2002, Mr Magill was awarded $70,000 from his ex-wife by the Victorian County Court for damages and economic loss.

However, the Victorian Court of Appeal overturned that decision, ruling there was no evidence Meredith Magill had intended to deceive her husband.

Mr Magill has appealed that ruling in the High Court and a decision is expected on Thursday.

In his case against the Child Support Agency (CSA), Mr Magill claimed it had breached a duty of care to him by failing to quickly correct over-deductions taken from his salary during 1999.

When he pointed this out to the agency in June 1999, he also told them for the first time that he suspected two of the children were not his.

However, the agency refused to order Magill's ex-wife to repay the money she had collected for another man's children, because to do so would have disadvantaged her.

Victorian County Court Judge Graham Anderson dismissed Mr Magill's compensation claim last week, saying there was no basis for it.

Ms King told Judge Anderson today that Mr Magill had no savings or assets and was "barely surviving" on a Centrelink pension.

He was being treated for anxiety and depression, she said.

Ms King said the Commonwealth should have funded Mr Magill's "test case" against it.

"This is a very new area of law and the CSA have not kept up to date with the social evolution surrounding DNA testing," Ms King told the court in a written submission.

"Litigants in Mr Magill's situation should not be discouraged from bringing such matters before the courts."

Mr Magill did not attend court today.

AAP

Linky.

Quote:

However, the Victorian Court of Appeal overturned that decision, ruling there was no evidence Meredith Magill had intended to deceive her husband.

His ex-wife deceived him by cheating on him and having non-biologically related children.

Quote:

However, the agency refused to order Magill's ex-wife to repay the money she had collected for another man's children, because to do so would have disadvantaged her.

They don't want disadvantaged women, they need to be like princesses regardless of whether it's justified or not. There are plenty of disadvantaged men though.

Tyrael · #2 10th-November-2006

Quote:

Dad-who-wasn't slugged for court costs

November 6, 2006 - 12:14PM

A Melbourne man who paid child support for children who turned out not to be his has now been ordered to pay "massive" legal costs to the Commonwealth.

Liam Neale Magill, 56, recently lost his bid for compensation for psychological damages he claims he suffered at the hands of the Child Support Agency.

Today he was ordered to pay the agency's legal fees.

No specific amount has been sought by the Commonwealth, but Mr Magill's partner, Cheryl King, who represented him in court, said she expected the bill to be massive.

"We've been running this for 18 months," she said.

Mr Magill began paying child support for three children after he separated from his wife Meredith in 1992.

In 2000, DNA testing revealed that only one of the children was his.

In November 2002, Mr Magill was awarded $70,000 from his ex-wife by the Victorian County Court for damages and economic loss.

However, the Victorian Court of Appeal overturned that decision, ruling there was no evidence Meredith Magill had intended to deceive her husband.

Mr Magill has appealed that ruling in the High Court and a decision is expected on Thursday.

In his case against the Child Support Agency (CSA), Mr Magill claimed it had breached a duty of care to him by failing to quickly correct over-deductions taken from his salary during 1999.

When he pointed this out to the agency in June 1999, he also told them for the first time that he suspected two of the children were not his.

However, the agency refused to order Magill's ex-wife to repay the money she had collected for another man's children, because to do so would have disadvantaged her.

Victorian County Court Judge Graham Anderson dismissed Mr Magill's compensation claim last week, saying there was no basis for it.

Ms King told Judge Anderson today that Mr Magill had no savings or assets and was "barely surviving" on a Centrelink pension.

He was being treated for anxiety and depression, she said.

Ms King said the Commonwealth should have funded Mr Magill's "test case" against it.

"This is a very new area of law and the CSA have not kept up to date with the social evolution surrounding DNA testing," Ms King told the court in a written submission.

"Litigants in Mr Magill's situation should not be discouraged from bringing such matters before the courts."

Mr Magill did not attend court today.

AAP

Linky.

Quote:

However, the Victorian Court of Appeal overturned that decision, ruling there was no evidence Meredith Magill had intended to deceive her husband.

His ex-wife deceived him by cheating on him and having non-biologically related children.

Quote:

However, the agency refused to order Magill's ex-wife to repay the money she had collected for another man's children, because to do so would have disadvantaged her.

They don't want disadvantaged women, they need to be like princesses regardless of whether it's justified or not. There are plenty of disadvantaged men though.

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Dad-who-wasn't slugged for court costs

Dad-who-wasn't slugged for court costs

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