Boothe and Child Support Registrar (Child support) - [2024] AATA 487

Boothe and Child Support Registrar (Child support) [2024] AATA 487 (15 February 2024)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2023/SC027206
APPLICANT:  Mr Boothe
OTHER PARTIES:  Child Support Registrar
TRIBUNAL:Senior Member R Ellis
DECISION DATE:  15 February 2024
DECISION:

The Tribunal sets aside the decision under review and, in substitution, decides that the extension application should be granted.

CATCHWORDS

CHILD SUPPORT – refusal to grant an extension of time to object – merit in objection – decision to grant - decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

BACKGROUND

Mr Boothe and Mrs Boothe are the parents of [the child] (born April 2015). There has been a child support assessment in place since 15 June 2021.
On 12 August 2023 Services Australia – Child Support (Child Support) made the decision to apply a 2022–23 Australian Taxation Office (ATO)-assessed adjusted taxable income for Mrs Boothe of $35,278 to the assessment from 1 September 2023 (the original decision).
On 13 September 2023 Mr Boothe objected to the original decision and as his objection was not made within the prescribed period he applied for an extension of time on 12 December 2023.
On 14 December 2023 Child Support refused the request for an extension of time and on 14 December 2023 Mr Boothe sought a review of the refusal decision by the Administrative Appeals Tribunal (the Tribunal).
The Tribunal conducted a hearing into the application on 15 February 2024. Mr Boothe gave evidence on affirmation by Microsoft Teams audio. Child Support provided the Tribunal and the parties with papers relevant to the matter (135 pages).

ISSUES

The statutory provisions relevant to this review are contained in the Child Support (Registration and Collection) Act 1988 (the Act) and the Child Support (Assessment) Act 1989 (the Assessment Act).
The issue which arises in this case is whether or not to grant the request made by Mr Boothe for an extension of time to lodge an objection to the original decision.

CONSIDERATION

Part VII of the Act is about the procedures related to objections made for certain decisions. Section 81 is about time limits on lodging objections and provides that a person has 28 days in which to lodge an objection after a notice of the decision is served on them. Section 82 provides for a person to apply for an extension of time to lodge an objection after the 28-day period has elapsed. Section 83 requires Child Support to either grant or refuse an extension of time application and serve notice in writing of the decision.
In the event Child Support refuses the extension of time application, the person applying may apply to the Tribunal for a review (item 1 of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] AATA 487
Decision Date: 15 February 2024

CaseChat Overview and Summary

This matter concerned an application by Boothe for an extension of time to lodge an objection to a child support assessment made by the Child Support Registrar. The application was heard by R Ellis SM in the Magistrates Court of Western Australia.

The primary legal issue before the Court was whether to grant Boothe an extension of time to object to the child support assessment. This required the Court to consider the merits of the proposed objection and whether it was in the interests of justice to permit the objection to be lodged outside the statutory time limits.

The Court applied the principles governing extensions of time for objections, which generally require a demonstration of a reasonably arguable case on the merits of the objection. In this instance, the Court found that Boothe had presented sufficient material to suggest that the objection had merit, and that it was appropriate to grant the extension of time. The Court considered that the delay in lodging the objection was not so significant as to outweigh the merits of the case.

The Court set aside the Registrar's decision to refuse the extension of time and substituted its own decision, granting Boothe an extension of time to lodge his objection.

Orders