Levitas and Child Support Registrar (Child support)

This matter concerned an application by Mr Levitas to revoke a departure prohibition order (DPO) made by the Child Support Registrar. Mr Levitas sought revocation on the grounds that the outstanding child support liability was completely irrecoverable, or alternatively, that the Registrar should exercise a discretion to revoke the order. The Tribunal was required to determine whether the criteria for mandatory revocation were met, or whether the discretion to revoke should be exercised in Mr Levitas' favour.

The Tribunal considered Mr Levitas' submissions regarding his lack of current or future capacity to pay the outstanding child support debt, citing his permanent retirement from work due to ill health and his wife's assets exceeding pension thresholds. He also argued that his past payments, though sometimes small, demonstrated a history of voluntary payments based on his capacity, and that his failure to pay was due to incapacity rather than unwillingness. The Registrar contended that the medical evidence was not robust and that Mr Levitas' personal financial arrangements did not prove the debt was irrecoverable.

The Tribunal found that while Mr Levitas had a history of making payments, his cessation of payments correlated with his claimed retirement due to ill health. It noted that Mr Levitas had recently cashed in a significant superannuation benefit, which he used for personal expenses rather than towards his child support liability. The Tribunal was not satisfied that the liability was completely irrecoverable, nor that the discretion to revoke the DPO should be exercised. It reasoned that the discretion must be exercised consistently with the objects of the Child Support Act, which include the regular and timely payment of financial support, an objective Mr Levitas had failed to meet.

Consequently, the Tribunal affirmed the decision under review, meaning the departure prohibition order remained in place.