Sudaksan and Sudaksan (Child support)

This matter concerned an application by the Child Support Registrar for the collection of child support payments from the respondent father, Mr Sudaksan, for the benefit of his child. The applicant sought to have the father’s child support liability collected by the Registrar. The dispute arose because, although the father had consistently paid the assessed child support amounts without any unpaid amounts or arrears prior to the application, the Registrar sought to impose a collection order. The decision was made by Senior Member J Longo of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar was entitled to make an application for the collection of child support payments under the *Child Support (Registration and Collection) Act 1988* (Cth) when there were no existing arrears of child support. Specifically, the Tribunal had to consider the interpretation of the relevant provisions of the Act concerning the circumstances under which the Registrar could initiate a collection order, and whether the absence of arrears precluded such an application.

Senior Member Longo reasoned that the *Child Support (Registration and Collection) Act 1988* did not require the existence of arrears for the Registrar to apply for a collection order. The Act provided for the Registrar to apply for a collection order in certain circumstances, and the absence of arrears did not negate the Registrar's power to do so. The Tribunal found that the Registrar had the authority to apply for a collection order even where payments were up to date, as the purpose of such an order was to ensure ongoing compliance and facilitate the collection process.

The Tribunal set aside the decision under review, which had presumably refused the Registrar's application. The Tribunal granted the application for collection, meaning that child support payments would henceforth be collected by the Child Support Registrar.