Warren and Child Support Registrar (Child support) [2018] AATA 962 (9 March 2018)

Last Updated: 20 April 2018

Warren and Child Support Registrar (Child support) [2018] AATA 962 (9 March 2018)

DIVISION: Social Services & Child Support Division

REVIEW NUMBER: 2018/BC013436

APPLICANT: Mr Warren

OTHER PARTY: Child Support Registrar

TRIBUNAL: Deputy President J Walsh

DECISION DATE: 9 March 2018

CATCHWORDS
Child support – Care percentages – No dispute about decision for child support purposes - No reasonable prospect of success – Application for review dismissed under paragraph 42B(1)(b)

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

DISMISSAL OF APPLICATION FOR REVIEW:

1. In this case, Mr Warren seeks review of an objection decision dated 19 January 2018 disallowing his objection to a child support decision to attribute 100% care of his children to Ms Warren, with effect from 21 June 2017 in the child support assessment.
2. I convened a directions hearing today. Mr Warren’ case is straightforward; he does not dispute actual care from June 2017. However, an FTB debt has been raised against him from January 2017; he says care changed from April 2017 but not January 2017. He therefore disputes any FTB debt for the period January – April 2017.
3. Since the subject decision before the Tribunal relates to its child support jurisdiction, the Tribunal cannot on this application consider the FTB debt or FTB care for the period in dispute. As explained to Mr Warren, he first needs to seek an authorised review officer review before the Tribunal’s jurisdiction in relation to FTB might be engaged.
4. It follows that his issue, whilst entirely understandable, cannot be substantively considered by the Tribunal on this application. Since Mr Warren does not dispute the 100% care decision from 21 June 2017, his present application cannot succeed. It is therefore appropriate to dismiss his application under subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 on the basis of no reasonable prospect of success. I determine accordingly.

Deputy President J Walsh