Spiering and Child Support Registrar (Child support)

This matter concerned an appeal by the applicant, Mr Spiering, against a decision of the Child Support Registrar regarding the assessment of child support. The dispute centred on whether the Registrar had erred in refusing to accept Mr Spiering's objection to the child support assessment. The proceedings were heard by Deputy Chief Magistrate Benk SM in the Magistrates Court of Western Australia.

The primary legal issue before the Court was whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support Assessment Act 1988* (Cth) when assessing child support for the child. Specifically, the Court had to determine if the Registrar had made an error in refusing to accept Mr Spiering's objection, which implicitly raised questions about the validity of the assessment itself.

Deputy Chief Magistrate Benk SM found that the Registrar had not erred in refusing to accept the objection. The Court reasoned that the objection was lodged outside the statutory time limit prescribed by the *Child Support (Registration and Collection) Act 1988*. As the objection was out of time, the Registrar had no power to consider its merits. The Court applied the principle that statutory time limits are generally mandatory and must be adhered to unless specific provisions allow for an extension, which were not applicable in this instance.

The appeal was dismissed, and the decision of the Child Support Registrar was affirmed.