Pesaresi and Sauber (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Pesaresi and Sauber concerning the collection of child support arrears. The applicant, Pesaresi, sought the acceptance of an application for the collection of unpaid child support amounts, arguing that Sauber was the payee of a registrable maintenance liability and that unpaid amounts were owing.

The Tribunal was required to determine whether the applicant had established that Sauber was the payee of a registrable maintenance liability, whether there were unpaid amounts of that liability, and if exceptional circumstances existed to justify the acceptance of the application for collection.

The Tribunal found that the evidence established that Sauber was the payee of a registrable maintenance liability and that there were unpaid amounts. It further determined that exceptional circumstances were present, as the applicant had made genuine efforts to collect the arrears directly from Sauber without success, and the delay in seeking formal collection was due to a misunderstanding of the process and the applicant's personal circumstances. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the requirements for establishing a registrable maintenance liability and the discretion to accept applications for collection in exceptional circumstances.

The Tribunal set aside the previous decision and substituted an order accepting the application for the collection of unpaid child support amounts.