Hendy v Deputy Child Support Registrar

In *Hendy v Deputy Child Support Registrar*, the Full Federal Court considered an appeal from a decision of a single judge of that court. The appellant, Mr Henderson, sought to challenge the validity of a child support assessment made by the Deputy Child Support Registrar. The core of the dispute concerned whether Mr Henderson had been properly notified of the assessment, and consequently, whether he had a right to object to it.

The primary legal issue before the Full Federal Court was whether the Registrar had complied with the procedural requirements of the *Child Support (Registration and Collection) Act 1988* (Cth) when issuing the child support assessment. Specifically, the court had to determine if the notice of assessment sent to Mr Henderson was sent to his last known address, as required by the Act, and if the Registrar had taken reasonable steps to ensure he received it. This question was central to whether Mr Henderson had been afforded his statutory right to object to the assessment within the prescribed time.

The Full Federal Court reasoned that the Registrar's obligation under the Act was to send the notice to the last known address of the liable parent. The evidence indicated that the notice had been sent to an address that Mr Henderson had previously provided to the Registrar. While Mr Henderson argued he had moved and not received the notice, the court found that the Registrar had no further information to suggest that the address used was no longer his last known address. Therefore, the Registrar had discharged its statutory duty. The court upheld the validity of the assessment, finding that Mr Henderson had not been denied his right to object due to a failure by the Registrar to comply with the Act.