Waalkes and Child Support Registrar (Child Support)

[2025] ARTA 2303

Waalkes and Child Support Registrar (Child Support) [2025] ARTA 2303 (4 August 2025)

Applicant:Mr Waalkes

Respondent:  Child Support Registrar

Tribunal Number:  2025/SC029698

Tribunal:General Member P Jensen

Place:Brisbane

Date of Decision:  4 August 2025

Decision:

The decision under review is affirmed.

CATCHWORDS

CHILD SUPPORT – departure from the administrative assessment – application for extension of time – original decision to register a child support case set aside – no decision to review – decision under review affirmed

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

1. Mr Waalkes and [Ms A] are the parents of [two named children]. Services Australia – Child Support (“Child Support”) registered a child support case from 14 January 2013. The Child Support (Assessment) Act 1989 provides for an administrative assessment of child support payable. It uses a formula which contains variables such as the parents’ adjusted taxable incomes and their percentages of care for the children. When the child support case was registered, Mr Waalkes was assessed as the payer of child support. [Ms A] elected to collect the child support privately.

2. On 11 September 2020, [Ms A] successfully applied to have Child Support collect the ongoing child support payable and the arrears owing in respect of the preceding three months. Child Support informed Mr Waalkes that it would be collecting the child support payable. Mr Waalkes informed Child Support that he had been unaware of a child support case. He said that he and [Ms A] remained partnered on 14 January 2013, and they remained partnered until 10 August 2016.

3. Mr Waalkes applied for a review of the decision to register the child support case. On 26 October 2020 he also applied for a departure from the administrative assessment of child support payable.

4. On 18 December 2020, Child Support decided to refuse Mr Waalkes’ departure application. He was notified of that decision via a letter dated 22 December 2020. He had a right to object to that decision. To object within time, he needed to do so within 28 days of being notified of the decision: section 81 of the Child Support (Registration and Collection) Act 1988 (“the Registration Act”). He did not promptly object to the decision.

5. On 18 January 2021, Child Support decided to set aside its decision to register a child support case from 14 January 2013. It substituted a decision to refuse [Ms A’s] application to register a child support case. The decision had retrospective effect.

6. On 6 July 2021, [Ms A] successfully applied to register a new child support case.

7. On 10 April 2025, Mr Waalkes objected to the decision dated 18 December 2020 to refuse his departure application. He also applied for an extension of time in which to object: section 82 of the Registration Act. Child Support decided to refuse the extension of time application. Mr Waalkes promptly applied to the Tribunal for review of that decision. I heard the matter on 30 July 2025. Mr Waalkes gave sworn evidence via MS Teams.

8. Mr Waalkes lodged his departure application on 26 October 2020. As matters currently stand, there is no administrative assessment of child support payable as at 26 October 2020. One cannot depart from, or vary, a non-existent assessment. Mr Waalkes’ objection to the decision dated 18 December 2020 has no merit and his application for an extension of time in which to object was properly refused.

9. For completeness, I note that Mr Waalkes lodged another departure application on 27 October 2021 in respect of the administrative assessment that commenced on 6 July 2021. That matter falls outside the scope of the current proceedings.

DECISION

The decision under review is affirmed.