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Section 72A

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Hi all, I'm back once again.
More bulling tactics and harassment by the incompetent CSA.
They have lodged a Section 72A notice against me ( My name ) to my Real Estate who collect money from a rental property.
The monthly statement and payments are in my Company's name and the payment are then paying of a mortgage.
I instructed the Real Estate that the 72A notice is against my name and that you are paying my company and you can not make the rental payments back to the CSA. The real estate have sort legal advise by phoning the CSA and they have told the real estate that they have to pay or they will be in trouble, hence they are paying the CSA.

I am a write only customer to the CSA agency, yet they continue to harass me with phone calls. I have yet again had a right gut full of them, so I decide to phone my case worker who would not listen to a word that I said and would not agree to the law that is written in the Act.

Section 5.2.9 states the following  - Funds held in a bank account that is in the name of a company are held by the company as a legal person, not by the child support debtor. The funds in such an account cannot be said to be payable to the child support debtor, even if the child support debtor is the sole signatory to the account or the sole director or shareholder of the company.
Before issuing the notice, the whole of the debtor's financial circumstances must be considered.

A notice under section 72A cannot be effective against a joint bank account, an Entity ( Company )  because it is “not possible to identify any portion” as belonging solely to one owner (DFC of T v Westpac Savings Bank Ltd 87 ATC 4346).

The notice must not cause a default to occur on the debtor's regular loan repayments.

Well blow and behold. I Told my case officer all the above and she totally refused to comment on the facts.
I asked to be transferred to the complaints department where by that person agreed with my case officer and also ignored the facts above.
They then advised me that I must lodge a Income & expenditure form, where by they will then see if I can pay the child support debt. Totally ignoring the Section 5.2.9
I then wrote a letter to the Ombudsman in the hope that they would contact the CSA to make the Revoke there Section 72A. The Ombudsman agreed with my claims and said that I have a very strong case against them, so I need to get further documents from the AAT and waste more of my time in an appeal when the CSA refuse to do there job to the Law.

Does anyone here have any other suggestions.
Hi Taylor, having read your post I am not sure what you are really after when it comes to opinions and  or advice.  I think that if money is paid into a business account and not actually nominating a specific wage structure for an employee or otherwise, then I agree with section 72A.  On the other hand, I suppose you cannot expect the Real Estate Agency to get involved in your personal business, however in some way it is still you earning an income of sorts from your only source or another source.  The legalities in this matter might be better explored, and I think if what you have stated re the Ombudsmen's comments are correct then I would pursue that line of negotiation and see where to from here. (It seems like it might be your best option at this stage perhaps)

With regards to the information you have shared there are a few anomalies for the readers that might lead to further questions especially if you were going to pursue legal action:
 * Is this money the only income you earn? You have not mentioned anything in relation to this, and from my experience CSA will target the wage of the parent concerned.
 * As stated by you:"Before issuing the notice, the whole of the debtor's financial circumstances must be considered." …. have they done that? you have not said.
CSA and DOCS are government department who do not work with emotions, they are machines with a job to do, and that is what they do very well.

It might be of some advantage to you to seek legal advice, and there are some members on FLWG who might be of more assistance to you in that area.

I have found that the CSA staff are supportive and helpful as far as they can be if customers are very polite and patient , even if you do not agree with them.
At times it is frustrating  as different staff members at CSA can give you different answers dependent upon their level of knowledge. You can lodge a departure from the Child Support Assessment if you believe you have sound legal grounds. :thumbs: 
The facebook group "Child Support Australia - Time for Reform and Fairness." might be able to help.
Do be aware that the CSA may be monitoring it.
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