Child Support Registrar and Sampson and Ors

This matter concerned an application by the first respondent father to depart from a child support assessment, brought before Justice Jordan. The dispute involved the father's alleged indebtedness for registrable maintenance liabilities and late payment penalties, as well as the characterisation of a company, T Holdings Pty Ltd, as his alter ego for the purpose of enforcement proceedings. The Child Support Registrar and the mother were also parties to the proceedings.

The court was required to determine whether the father's application to depart from the child support assessment should be granted. Additionally, the court needed to consider whether T Holdings Pty Ltd, which was in liquidation, should be treated as the alter ego of the first respondent father, and if so, whether its assets, limited to a specific sum, should be considered available for the satisfaction of the father's child support obligations. The court also had to address the outstanding arrears and penalties owed by the father.

Justice Jordan dismissed the father's departure application, finding that the circumstances did not warrant a departure from the assessment. The court declared that as at 2 July 2007, the father was indebted to the Commonwealth for $65,295.64, comprising arrears and late payment penalties. Crucially, the court declared that T Holdings Pty Ltd had been the alter ego of the first respondent father for the purposes of the child support enforcement proceedings, and that the company's assets, up to $90,000.00, were to be treated as the father's assets. The court ordered that the father pay the costs of the Child Support Registrar and the mother in relation to the departure application, and also pay the Registrar's costs for the enforcement summons. The liquidator of T Holdings Pty Ltd was directed to pay $20,000.00 to the Child Support Registrar on account of costs.