Kendrick and Child Support Registrar and Anor (SSAT Appeal)(No.2)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by an appellant who was wholly unsuccessful. The appeal involved the Child Support Registrar as the first respondent. The central issue before the Tribunal was an application for costs by the Child Support Registrar.

The Tribunal was required to determine whether to make an order for costs against the appellant, and if so, in what amount, considering the appellant's financial circumstances. Specifically, the Tribunal had to consider the relevance of the appellant's financial position, including any potential impecuniosity, to the making of a costs order and the terms of any such order.

In reaching its decision, the Tribunal considered the appellant's financial circumstances in accordance with the principles applicable under section 117(2A) of the *Family Law Act 1975* (Cth). The Tribunal found that while the appellant's financial circumstances were relevant, impecuniosity did not necessarily preclude a costs order. Instead, the appellant's financial position was a material consideration in determining whether an order for time to pay the costs should be granted. The Tribunal ordered the appellant to pay the costs of the Child Support Registrar fixed at $5,200.00, and allowed the appellant six months to pay this sum.