Kitching and Kitching (Child support)

This matter concerned an appeal by the applicant, Kitching, against a decision of the Child Support Registrar regarding the collection of opt-in arrears. The dispute centred on whether there were unpaid child support amounts and whether the Registrar's decision to accept an application for the collection of these unpaid amounts was appropriate. The appeal was heard by A Byers M.

The primary legal issue before the Court was to determine whether the Child Support Registrar had erred in accepting an application for the collection of opt-in arrears when, in fact, no such arrears were owing. This required an examination of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and the factual circumstances surrounding the purported arrears.

The Court found that the Registrar's decision to accept the application for collection was made without proper consideration of whether arrears actually existed. The Court reasoned that the legislative framework for the collection of child support arrears presupposes the existence of unpaid amounts. As no arrears were found to be owing, the Registrar's decision to proceed with collection was set aside. The Court substituted its own decision, finding that no arrears were owed and therefore no collection action was permissible.