Scamberton and Child Support Registrar (Child support) - [2025] ARTA 620

Scamberton and Child Support Registrar (Child support) [2025] ARTA 620 (20 March 2025)

Applicant/s: Mr Scamberton

Respondent: Child Support Registrar

Tribunal Number: 2024/MC028991
Tribunal: Member J Moir
Place: Sydney
Date:20 March 2025

Decision:The Tribunal sets aside the decision under review and, in substitution, decides to grant Mr Scamberton an extension of time to object to the decision of 27 July 2024

CATCHWORDS

CHILD SUPPORT – refusal of extension of time – outside the 28-day timeframe for objection – applicant did not rest on his rights – provided a reasonable explanation for delay in lodging the objection – no significant prejudice to the other parent or the community – decision under review set aside and substituted

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 pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

This review concerns a decision made by Services Australia (Child Support) on 11 November 2024 to refuse Mr Scamberton an extension of time to object to a decision made on 27 July 2024. Mr Scamberton is the paying parent in a child support assessment (the assessment) for [Child 1], who is in the above primary care of his mother.
By letter dated 27 July 2024, Child Support notified Mr Scamberton of a decision to allow an objection to the child support assessment (the assessment), and to substitute a decision that for the period 1 July 2024 to 31 October 2027, Mr Scamberton’s adjusted taxable income is set at $120,000. Prior to this, the assessment had been based on a provisional income amount for Mr Scamberton of $22,149.
On 18 October 2024, Mr Scamberton lodged a written objection to the decision of 27 July 2024, along with an application to extend the time allowed for an objection to be accepted.
On 11 November 2024, Child Support declined to extend the time period for lodgement of the objection to the decision of 27 July 2024.
Mr Scamberton sought a review of this decision by the Administrative Review Tribunal on 6 December 2024.
Mr Scamberton participated in a video hearing on 14 March 2025 and gave oral evidence. Other evidence before the Tribunal was in the hearing papers containing material provided by Child Support (155 pages).

ISSUES

The statutory provisions relevant to this review are contained in the Child Support (Registration and Collection) Act 1988 (the Act) and the Child Support (Assessment) Act 1989.
The issue which arises in this case is whether Mr Scamberton should be granted an extension of time to lodge his objection to the decision made by Child Support on 27 July 2024.

CONSIDERATION

Subsection 80(1) of the Act provides that a person may lodge an objection in writing in relation to specified decisions made by Child Support. Section 81 of the Act provides that a person must lodge an objection to such a decision within 28…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Scamberton and Child Support Registrar (Child support)

Details

AGLC: Scamberton and Child Support Registrar (Child support) [2025] ARTA 620
Case: [2025] ARTA 620
Decision Date: 20 March 2025

CaseChat Overview and Summary

In the case of Scamberton and Child Support Registrar, the applicant, Mr Scamberton, sought a review of the Registrar’s decision to refuse an extension of time to object to a child support assessment. The Registrar had decided that Mr Scamberton's objection, lodged outside the statutory 28-day period, was not eligible for an extension. Mr Scamberton argued that he had attempted to contact Child Support to discuss his concerns and that his mental health issues and difficulty in managing his mail contributed to the delay. The Tribunal was tasked with determining whether Mr Scamberton should be granted an extension of time to object to the child support decision.

The primary legal issue was whether the Registrar should have granted an extension of time for Mr Scamberton to object to the decision made by Child Support on 27 July 2024. This involved interpreting and applying the relevant statutory provisions, particularly those concerning the timeframe for lodging objections and the criteria for granting extensions. The Tribunal considered the principles articulated in Hunter Valley Developments Pty Ltd v Cohen and Re Mulheron and Australian Telecommunications Corporation, which outline factors for determining whether to grant an extension of time. These factors include the reasons for delay, the merits of the objection, any prejudice to the other parent, whether the applicant rested on their rights, and prejudice to the general public.

The Tribunal found that Mr Scamberton had a reasonable explanation for the delay in lodging his objection. He had made multiple attempts to contact Child Support to understand the decision and had been advised incorrectly that he had left it too late to object. Additionally, Mr Scamberton’s mental health issues and difficulties in managing his mail contributed to the delay. The Tribunal also found that the basis for Mr Scamberton’s objection had some merit, as the decision was based on extrapolated figures due to his failure to provide financial information. The Tribunal concluded that there was no significant prejudice to the other parent or the community in allowing the extension of time.

The Tribunal set aside the Registrar’s decision and granted Mr Scamberton an extension of time to object to the decision of 27 July 2024. This decision allows Mr Scamberton to proceed with his objection, which may lead to a review of the child support assessment.

Orders