Balshaw and Balshaw and Anor

In the matter of *Balshaw and Balshaw and Anor*, Judge Scarlett of the Federal Circuit Court of Australia considered applications by the Child Support Registrar for leave to make determinations under the *Child Support (Assessment) Act 1989* (Cth). The applications concerned retrospective child support assessments for various periods between 2006 and 2013.

The primary legal issues before the Court were whether to grant leave to the Child Support Registrar to make determinations under section 98S of the Act for specific retrospective periods, and whether to grant leave for the Court to make determinations under section 118 of the Act.

Judge Scarlett dismissed the application for leave to make a determination under section 98S for the periods 27 February 2009 to 30 November 2009 and 1 December 2009 to 28 February 2011. The Court also dismissed as incompetent the application for leave to make a determination under section 98S for the period 10 May 2006 to 15 November 2013. However, the applications for leave to make determinations under section 118 of the Act, filed in both the Initiating Application and the Response, were transferred to the docket of Judge Henderson for the purpose of setting a final hearing date.