Singh and Child Support Registrar (Child support) - [2018] AATA 3809

Singh and Child Support Registrar (Child support) [2018] AATA 3809 (7 August 2018)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2018/SC014352
APPLICANT:  Mr Singh
OTHER PARTIES:  Child Support Registrar
TRIBUNAL:Senior Member B Harvey
DECISION DATE:  07 August 2018

DIRECTION TO ALTER DECISION OR REASONS FOR DECISION:

Pursuant to section 43AA of the Administrative Appeals Tribunal Act 1975, the following alteration is to be made to the written statement of reasons for the decision:

The first sentence in paragraph 3 of the written statement of reasons for the decision is altered to read:

The Registrar made the decision on the objection on 15 November 2017 and served notice of the decision on Mr Singh electronically on the same day.

DIVISION:Social Services & Child Support Division

EXTENSION APPLICATION

NUMBER:2018/SC014352
APPLICANT:  Mr Singh
OTHER PARTY:  Child Support Registrar
DATE DECISION MADE:               7 August 2018

APPLICATION:

An extension application made on 18 June 2018 asking the AAT to consider the application for AAT first review of a decision of the Child Support Registrar on 15 November 2017 despite the period for applying for review having ended.

DECISION:

The extension application is refused.

CATCHWORDS

Child support - Application for extension of time to apply for AAT first review - Should the extension be granted - No adequate explanation for the delay - Potential merit - Balance of factors do not favour the grant of an extension of time - Extension of time refused

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

STATEMENT OF REASONS

Mr Singh is liable to pay child support to Ms Singh for their three children, [Child 1], [Child 2] and [Child 3].
On 18 June 2018, Mr Singh lodged an application with the Administrative Appeals Tribunal (AAT), seeking a review of the Registrar’s partial allowance of an objection by him. Mr Singh had objected to a decision of a type known as a “change of assessment” made on 1 August 2017. The original decision had markedly increased the rate at which Mr Singh was liable to pay child support. The Registrar’s decision on the objection ameliorated that to a degree, but the resulting rate payable by him was still substantially higher than it had been prior to the original decision.
The Registrar made the decision on the objection on 15 November 2017 and served notice of the decision on [Mr A] electronically on the same day. Decisions on objections are reviewable by the AAT on application, but the ordinary law[1] requires that such an application must be lodged within 28 days of the day on which notice of the decision was served on the person. Mr Singh’s application was not lodged within that time. The only way in which Mr Singh’s application could lawfully be made is that set…

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.

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Details

Case: [2018] AATA 3809
Decision Date: 7 August 2018

CaseChat Overview and Summary

Singh and the Child Support Registrar were parties to proceedings before the Federal Circuit Court of Australia concerning child support. The dispute centred on an application by Mr. Singh to set aside a child support assessment made by the Registrar. Mr. Singh sought to have the assessment set aside on the basis that it was unjust and unreasonable.

The primary legal issue before the Court was whether the child support assessment made by the Registrar was, in all the circumstances, unjust and unreasonable. This required the Court to consider the specific provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth) that permit the setting aside of an assessment on such grounds. The Court had to determine if the circumstances presented by Mr. Singh met the threshold for intervention.

In reaching its decision, the Court considered the evidence presented by Mr. Singh regarding his financial circumstances and the impact of the assessment. The Court applied the principles established in case law concerning the interpretation of "unjust and unreasonable" in the context of child support assessments, which typically involves a broad discretion to consider all relevant factors. The Court weighed Mr. Singh's arguments against the purpose and framework of the child support legislation. The Court ultimately found that the circumstances did not establish that the assessment was unjust and unreasonable.

Consequently, the Court dismissed Mr. Singh's application to set aside the child support assessment.

Orders