Chesney and Adlard (Child support)

This matter concerned an application by the Child Support Registrar to collect alleged unpaid child support amounts from the respondent, Mr Adlard. The applicant, Ms Chesney, sought to have the decision of the Registrar, which had refused to accept an application for the collection of these unpaid amounts, set aside. The case was heard by Member P Jensen of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there were unpaid child support amounts that could be collected by the Registrar. Specifically, the Tribunal had to determine if the respondent had failed to pay amounts of child support that were due and payable under a child support assessment.

Member Jensen reasoned that the respondent had made payments that were intended to satisfy his child support obligations. The Tribunal found that the respondent had paid amounts that were equal to or greater than the assessed child support liabilities for the relevant periods. Consequently, the Tribunal concluded that there were no unpaid amounts of child support that the Registrar was empowered to collect. The decision of the Registrar was therefore set aside and substituted with a decision that the application for collection of unpaid amounts should not be accepted.