Michen and Michen (Child support)

[2018] AATA 4650

Michen and Michen (Child support) [2018] AATA 4650 (28 November 2018)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2018/MC015202

APPLICANT:  Ms Michen

OTHER PARTIES:  Child Support Registrar

Mr Michen

TRIBUNAL:Member K Buxton

DECISION DATE:  28 November 2018

CATCHWORDS
CHILD SUPPORT – no exceptional circumstances to accept the application to extend the administrative assessment beyond the child’s eighteenth birthday –
no reasonable prospects 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 removed 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. After discussing the issues arising in this matter at a directions hearing conducted today by telephone, Ms Michen consented to dismissal of this application on the basis that she was unable to demonstrate exceptional circumstances justifying the making of the application to extend the child support case for the child, [Child 1], after her 18^th birthday and therefore that the application did not have reasonable prospects of success.

2. The tribunal attempted to contact Mr Michen by telephone to discuss the application with him, but was unable to do so.

3. The tribunal is satisfied, for the reasons discussed during the directions hearing, that the legislation has been correctly applied to the facts in this case and that the applicant has no reasonable prospects of obtaining a different decision to that under review. Therefore, the tribunal is finds that the application does not have reasonable prospects of success in her review application.

4. Accordingly, the Tribunal dismisses the application for review pursuant to subsection 42B of the Administrative Appeals Tribunal Act 1975.