Carroll and Child Support Registrar (Child support)

[2023] AATA 3294

Carroll and Child Support Registrar (Child support) [2023] AATA 3294 (4 September 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBERS:  2023/SC026014 

2023/SC026045

APPLICANT:  Mr Carroll

OTHER PARTIES:  Child Support Registrar

TRIBUNAL:Senior Member Dordevic

DECISION DATE:  4 September 2023

CATCHWORDS

CHILD SUPPORT – whether application has no reasonable chance of success – application dismissed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed 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.

DISMISSAL OF APPLICATION FOR REVIEW:

1. Mr Carroll lodged two applications with the Social Services and Child Support Division of the Administrative Appeal Tribunal on 26 April 2023 and 3 May 2023.

2. An early case appraisal conference took place on 14 June 2023.

3. On 16 June 2023, following the early case appraisal conference, the Tribunal wrote to Mr Carroll at his nominated email address and advised:

   Child Support has advised that you have not lodged a written objection to the change of assessment decision made on 16/2/21. Therefore, the tribunal cannot currently review that decision. That decision set your income in the child support assessment at $80,000 for the period 1/2/21 – 31/12/22.

   If you wish to have that decision reviewed you can lodge a written objection to the decision with Child Support and request an extension of time in which to object.  

   Child Support has also confirmed that your two relevant dependant children have been added to the child support assessment from 25/11/19 in accordance with the decision made 12/10/22. As the assessment for the period 25/11/19 – 31/8/20 for the fixed annual rate of child support the relevant allowance made no difference to the annual rate payable.

   You have lodged two review applications with the tribunal.

   1)A decision made on 29/3/23 to refuse to grant you an extension of time in which to object to the decision to use [Ms A]’s adjusted taxable income of $19,375 in the child support assessment from 1/10/22.

   As discussed, the decision to use that income in the assessment seems to be correct as it is what the child support formula assessment requires.

   2)A decision made on 29/3/23 to refuse to grant you an extension of time in which to object to the decision to add your relevant children to the assessment from 25/11/19.

   As discussed, for that decision to change you could need to satisfy the tribunal that you advised Child Support of your relevant dependent children before 25/11/19.

   Having considered the above, please confirm whether you wish to proceed with your tribunal applications.

4. On 27 June 2023 the Tribunal sent a further email to Mr Carroll requesting that he confirm whether he wished to proceed with the application.  The email advised that if no response was received for him by close of business on 30 June 2023, the Tribunal may dismiss the application.

5. No response was received by Mr Carroll by close of business on 30 June 2023.

6. On 4 July 2023 Mr Carroll contacted the Tribunal and sought clarification regarding the emails sent to him. He advised that he would provide a response. Mr Carroll called the tribunal again on 5 July 2023 and confirmed that he would be lodging objection decisions to the departure and relevant dependent child decisions.

7. On 10 July 2023 the Tribunal contacted Mr Carroll and asked if he could confirm whether he intended to proceed with his applications. He simply replied “Yeah”.

8. On 14 July 2023, the Tribunal sent a further email to Mr Carroll asking him to advise whether he wished to proceed with the application. The email advised that if no response was received from him by close of business on 28 July 2023, the Tribunal may dismiss the application.

9. On 18 July 2023 Mr Carroll emailed the Tribunal and confirmed that he had lodged an objection decision and he would advise in the coming days whether he intended to proceed with his applications. On 29 July 2023 Mr Carroll wrote to the Tribunal, but did not indicate whether he intended to proceed with his two applications to the Tribunal.

10. On 1 August 2023, the Tribunal wrote two emails to Mr Carroll, via his nominated email address. The first letter, in part, advised:

    The tribunal is unable to review the change of assessment decision made by Child Support 16/2/21. The tribunal can only review decisions in relation to which an objection decision has been made.

    Any concerns you have about Child Support accepting your objection to that decision can be raised with the Complaints area of Child Support.

    As previously mentioned, the two decisions which the tribunal can review are:

    •           A decision made on 29/3/23 to refuse to grant you an extension of time in which to object to the decision to use [Ms A]’s adjusted taxable income of $19,375 in the child support assessment from 1/10/22.

    As discussed, the decision to use that income in the assessment seems to be correct as it is what the child support formula assessment requires.

    •           A decision made on 29/3/23 to refuse to grant you an extension of time in which to object to the decision to add your relevant children to the assessment from 25/11/19.

    As discussed, for that decision to change you would need to satisfy the tribunal that you advised Child Support of your relevant dependent children before 25/11/19.

The second letter stated:

As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

1. Mr Carroll has not provided any further evidence or submissions.

2. The Tribunal is satisfied that Mr Carroll cannot receive more favourable decisions.

3. The Tribunal is satisfied the applications for review have no reasonable prospect of success and so dismisses the applications pursuant to subsection 42B(1) of the AAT Act.