Macord and Defty (Child support)

[2022] AATA 3680

Macord and Defty (Child support) [2022] AATA 3680 (12 September 2022)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2022/BC023989

APPLICANT:  Mr Macord

OTHER PARTIES:  Child Support Registrar

Mrs Defty

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  12 September 2022

CATCHWORDS

CHILD SUPPORT – dismissal of application for review – no jurisdiction – no reasonable prospect of success – application for review dismissed

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 so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. Mr Macord lodged an application for review with this Tribunal on 27 May 2022.

4. An early case appraisal conference took place on 6 July 2022. The Tribunal contacted Mr Macord by telephone and discussed the merits of the case.

5. On 20 July 2022 the Tribunal wrote to Mr Macord via his nominated email address. The letter, in part, explained that it was apparent that the Child Support Agency had correctly implemented the decision made by this Tribunal. It was also explained to Mr Macord that the Tribunal does not have jurisdiction to review his child support account and decide whether the arrears raised were correct.  He was advised that he could contact the Child Support complaints if he wished to pursue this. The letter concluded by inviting Mr Macord to notify whether he intended to proceed with his application.

6. On 21 July 2022 the Tribunal wrote to Mr Macord in response to a letter received from him on the same day. Mr Macord was advised that he has until 19 August 2022 to provide further documents or submission to substantiate his assertion that the Child Support Agency had not correctly implemented the Tribunal’s decision.

7. On 31 August 2022 Mr Macord wrote to the Tribunal, stating that he understands that there is little merit in proceeding with his application: “We would be willing to take this to a tribunal hearing however reading between the lines we do not stand a chance”.  

8. The Tribunal is satisfied that the application for review has no reasonable prospect of success and so dismisses the application pursuant to subsection 42B(1) of the AAT Act.