BEARD & FISHER

This case involved an application by Mr Fisher (the respondent) seeking departure orders from child support assessments made by the Child Support Agency (CSA) and the Social Security Appeals Tribunal (SSAT). The applicant, Ms Beard, sought child support for their child, X. Mr Fisher sought to make his application in relation to the SSAT decision out of time, which had been made on 15 June 2010.

The primary legal issues before the court were whether to grant Mr Fisher leave to proceed out of time with his application for a departure order concerning the SSAT decision, and if so, whether to grant a departure order from the administrative assessments. In considering the grant of leave, the court was required to have regard to the responsibility and reason for the delay, the hardship to Mr Fisher if leave was not granted, and the hardship to Ms Beard if leave was granted, as stipulated by section 112(4) of the Child Support (Assessment) Act 1989.

The court found that Mr Fisher had not provided a satisfactory reason for his delay in seeking to revisit the SSAT decision. While he claimed legal costs were prohibitive, the court noted his significant inheritance received in March 2009 and substantial remaining assets, rendering his assertion of financial inability to pursue legal action "ludicrous." Consequently, the court determined that Mr Fisher had not satisfied the first requirement for granting leave to proceed out of time.

Ultimately, the court made orders for a lump sum child support payment of $42,500 to be paid by the respondent to the applicant, to be credited against administrative assessments. The court also ordered a departure from administrative assessment for the period 1 July 2014 to 4 February 2022, fixing the respondent's annual child support rate at $4,500, to be increased annually in accordance with the Consumer Price Index. The court also made orders restraining the respondent from reducing the balance in a specific bank account and granted the applicant leave to apply for enforcement orders if the lump sum payment was not made.