Skeeter and Child Support Registrar (Child support)
[2018] AATA 3066
•23 June 2018
Skeeter and Child Support Registrar (Child support) [2018] AATA 3066 (23 June 2018)
DIVISION:Social Services & Child Support Division
REVIEW NUMBER: 2018/MC013964
APPLICANT: Mr Skeeter
OTHER PARTY: Child Support Registrar
TRIBUNAL:Deputy President J Walsh
DECISION DATE: 23 June 2018
CATCHWORDS
Child support - Extension of time to apply for a review to the Tribunal - Failure to attend the hearing - Application for an extension of time 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:
On 3 April 2018, the Tribunal received Mr Skeeter’s application for review of a child support departure objection decision dated 13 January 2015. In the circumstances, his AAT application was made out of time. A telephone extension of time hearing was scheduled for 20 June 2018. Mr Skeeter was notified in writing by letter dated 13 June 2018. He was also sent an email that day asking him to provide the Tribunal with a telephone number to contact for the hearing on 20 June 2018.
By 20 June 2018, Mr Skeeter had not provided the Tribunal with a telephone number. Liaison with the CSA indicated a mobile number that agency used (which may have been his partner’s number). I attempted to call Mr Skeeter at the appointed time on 20 June 2018 on this number. There was no answer. I left a message for Mr Skeeter to call the Tribunal during subsequent attempted calls between 3 to 3.15 pm on 20 June 2018. I was not successful in speaking with Mr Skeeter. Nor has he contacted the Tribunal subsequently, despite my message that failure to contact the Tribunal by close of business on 21 June 2018 was likely to result in dismissal of his application.
Given Mr Skeeter’s failure to appear at the scheduled time, it is open to dismiss his application under subsection 42A(2) of the Administrative Appeals Tribunal Act 1975, read with section 69BA. In my assessment, that is the appropriate course in the circumstances. Accordingly, I dismiss Mr Skeeter’s application.
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Judicial Review
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Jurisdiction
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Procedural Fairness
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Natural Justice
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