Child Support Registrar & Rawlings

This matter came before Judge Scarlett concerning an application by the Child Support Registrar and a second respondent against the first respondent. The dispute centred on the first respondent's objection to a decision made by the Registrar of the Child Support Agency on 12 November 2011, which the first respondent sought to have reviewed.

The court was required to determine whether it had the power to vary the first respondent's adjustable taxable income under section 118(1)(g) of the Child Support (Assessment) Act, and specifically, whether it could make an order concerning a day more than 18 months prior to the application without leave granted under section 112. The first respondent argued that he was unaware of the statutory time limit for lodging an objection, which was 28 days under section 81 of the Child Support (Registration and Collection) Act 1988, and believed he could seek a review after filing his tax returns. He also presented reasons for his delay in filing his tax returns, including personal tragedies and his de facto partner's illness, and submitted that these circumstances, along with the potential for financial hardship if leave were not granted, warranted consideration.

Judge Scarlett dismissed the first respondent's amended response to the application. The court's reasoning appears to have been influenced by the first respondent's acknowledgment of the statutory time limits and his belated awareness of them, despite his explanations for the delay. The court also considered the prejudice to the applicant, noting that while costs orders could potentially address prejudice arising from delay, the first respondent's financial circumstances were relevant to the quantum of any costs he might be ordered to pay.

The court ordered that the first respondent pay the costs of the applicant and the second respondent, with particulars of these costs to be filed by 7 June 2013. The application was adjourned for a hearing on 11 June 2013, with leave granted for the solicitor for the second respondent to attend by telephone.