Haraby and Boyale (Child support) - [2025] ARTA 1108

Haraby and Boyale (Child support) [2025] ARTA 1108 (14 April 2025)

Applicant/s: Mr Haraby

Respondent: Child Support Registrar

Other Parties: Miss Boyale
Tribunal Number: 2024/BC028196
Tribunal: Member K Hamilton
Place:Brisbane
Date:14 April 2025

Decision:The Tribunal varies the decision under review so that:
·The decision of the Administrative Appeals Tribunal dated 6 June 2018, which set the rate of child support payable by Mr Haraby and Ms Boyale at $0 per annum, will end with effect from 2 September 2023.
·From 3 September 2023 until a terminating event occurs with respect to [Child B], the adjusted taxable income of Mr Haraby is set at $185,000 per annum.
·The adjusted taxable income of Mr Haraby is to be adjusted annually from 1 July 2025 by the CPI National Weighted Average results from the preceding March quarter.

CATCHWORDS

CHILD SUPPORT – departure determination – income, property and financial resources – benefits derived from business – special circumstances – ground for departure – decision under review varied

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 pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

Mr Haraby and Ms Boyale are the parents of [Child A] (born [year]) and [Child B] (born [year]).
A child support case was registered with Services Australia – Child Support (Child Support) on 8 May 2012. [Child A] has been in Ms Boyale’s 100% care from 1 December 2022. [Child B] has been in Ms Boyale’s 100% care from 3 September 2023.
The Child Support (Assessment) Act 1989 (the Act) provides for an administrative assessment of child support payable. It uses a formula which contains variables such as the parents’ adjusted taxable incomes and their percentages of the care of the children. The Act also provides a mechanism for departure from the administrative assessment (commonly referred to as a change of assessment) in certain circumstances.
On 28 February 2024, Ms Boyale applied to Child Support for a change of assessment on the basis that the assessment was unfair because of a parent’s income, property and financial resources.
The underlying assessment of child support payable was set at nil for both parties pursuant to a previous change of assessment application made by Ms Boyale in May 2017. That application was resolved by a consent decision of the Administrative Appeals Tribunal issued on 6 June 2018, which set the annual rate of child support payable by Mr Haraby and Ms Boyale at $0 for the period 12 August 2017 until a terminating event happens in relation to [Child B].
Prior to the change of assessment application made by Ms Boyale on 28 February 2024, Mr Haraby’s most recent income tax return for the financial year 1 July 2022 to 30 June 2023 disclosed his taxable income as $115,378.
On 21 March 2024, Child Support decided that a reason had been…

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.

Continue reading Haraby and Boyale (Child support)

Details

AGLC: Haraby and Boyale (Child support) [2025] ARTA 1108
Case: [2025] ARTA 1108
Decision Date: 14 April 2025

CaseChat Overview and Summary

Mr Haraby applied to the Administrative Appeals Tribunal (Tribunal) to review a decision of the Child Support Registrar to depart from the administrative assessment of child support payable by Mr Haraby and Ms Boyale. The Tribunal was required to determine whether a ground existed to depart from the administrative assessment of child support, whether it would be just and equitable to make a departure from the administrative assessment of child support, and whether it would be otherwise proper to make a particular departure determination. The Tribunal found that a ground existed to depart from the administrative assessment, that it would be just and equitable to make a departure from the administrative assessment of child support, and that it would be otherwise proper to make a particular departure determination. The Tribunal varied the decision under review by setting the adjusted taxable income of Mr Haraby at $185,000 per annum from 3 September 2023 until a terminating event occurs with respect to [Child B]. The Tribunal also ordered that the adjusted taxable income of Mr Haraby be adjusted annually from 1 July 2025 by the Consumer Price Index National Weighted Average results from the preceding March quarter.

Orders