XRCW and Child Support Registrar (Child support second review)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr XRCW concerning a child support assessment. The dispute before the Tribunal was solely about the date of effect of a previous AAT decision (AAT1) which had determined the care percentages for Mr XRCW and his former partner, Ms DKVK, in relation to their children. The AAT1 decision, made on 30 June 2021, had established Mr XRCW's care percentage at 21% and Ms DKVK's at 79% from 26 May 2020, with the determination taking effect from 24 September 2020.

The legal issue before the Tribunal was whether Mr XRCW's application for review had sufficient substance to warrant further consideration. Specifically, the Tribunal had to determine if there was any genuine dispute regarding the date from which the AAT1 decision should have effect, given that the care percentages themselves were not challenged. The Tribunal was also required to consider the application of section 42B of the Administrative Appeals Tribunal Act 1975 (Cth).

The Tribunal reasoned that the core of Mr XRCW's application was the date of effect of the AAT1 decision. However, the AAT1 decision had already stipulated an effective date of 24 September 2020, which was the date Mr XRCW had lodged his objection. The Tribunal found that there was no substantive issue to be reviewed, as the care percentages themselves were not in dispute and the effective date had been determined by the previous decision. Consequently, the Tribunal concluded that the proceedings were inutile and lacked substance.

Pursuant to section 42B(1)(a) and (b) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal dismissed Mr XRCW's application for review on the basis that it was lacking in substance.