Yewen & Child Support Registrar & Anor

In the matter of *Yewen & Child Support Registrar & Anor*, heard by Judge Brown, the applicant sought leave to amend child support assessments for periods extending more than eighteen months prior to the date of application. The dispute arose because the liable parent had failed to file tax returns for several child support years between 2006 and 2012, leading to child support being assessed on the basis of the Registrar's determination. The Registrar had commenced enforcement proceedings for arrears, and a judgment had been entered against the applicant. Following the entry of this judgment, the tax returns were filed, and the current proceedings were initiated. The applicant contended that allowing a departure from the assessments would reduce the child support arrears.

The court was required to determine whether a prima facie case existed to change the child support assessments for the periods in question, considering the principles applicable to applications for leave to amend assessments made more than eighteen months prior. This involved assessing factors such as hardship, the reasons for the delay in filing tax returns, and other relevant considerations.

Judge Brown granted leave under section 112 of the *Child Support (Assessment) Act 1989* for the Registrar to make a determination under section 98S for the period 1 July 2008 to 15 July 2012, subject to the applicant paying $5,000 in respect of current arrears within fourteen days. The applicant was granted leave to lodge a change of assessment application for the specified period within the same fourteen-day timeframe. If the applicant complied with these conditions, the Registrar undertook not to enforce the judgment of 5 August 2013 until a decision was made on the change of assessment application or any subsequent appeal. The applicant's amended application lodged on 11 June 2014 was otherwise dismissed, with each party to bear their own costs.