Marson and Bambra (Child support)

[2022] AATA 5125

Marson and Bambra (Child support) [2022] AATA 5125 (12 December 2022)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2022/PC024801

APPLICANT:  Ms Marson

OTHER PARTIES:  Child Support Registrar

Mr Bambra

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  12 December 2022

CATCHWORDS

CHILD SUPPORT – dismissal of application for review - particulars of the administrative assessment – 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).

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

1. On 3 August 2022 the Child Support Agency (the Agency) accepted Mr Bambra’s application for a multi-case allowance to be applied as he was the liable parent in another child support case. Ms Marson and Mr Bambra were advised of this decision in writing.

2. On 4 August 2022 Ms Marson lodged her objection to this decision on the basis that Mr Bambra still shares a home with the mother of the children in the other child support case.

3. On 4 October 2022 her objection was disallowed as there was no evidence that Mr Bambra had reconciled with the mother of the other child support case, notwithstanding the fact that it was accepted that they continued to cohabitate.

1. On 7 Oct 2022 Ms Marson lodged an application for review with this Tribunal in respect of the objections officer’s decision made by the Agency on 4 October 2022.

1. An early case appraisal conference took place on 17 November 2022. Mr Bambra was unable to be contacted. The Tribunal contacted Ms Marson by telephone and discussed the merits of the case. It was explained that while Mr Bambra had two cases of child support registered, a multi-case allowance must be applied. It was also explained that the Tribunal could not determine that Mr Bambra’s other case must be ended.

1. On the same day, the Tribunal wrote to Ms Marson via her nominated email address. The letter, in part, stated:

   As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

   You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

2. On 8 December 2022 Ms Marson advised the Tribunal that she wished to pursue her application.

10. In view of Ms Marson not providing any submissions or evidence to contradict the findings made by the Agency, 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.