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Fair & Just

Hi all.
I am looking for a recommendation for a good solicitor for a compensation claim or to sue the CSA.
Questions if anyone can help.
Is there a time frame on how long to wait before you can make a claim?
Can you make more then 1 claim? EG: Make first claim and the CSA found guilty of defective administration. Then a second claim for financial loss, because you then have the proven facts from first claim.
Can you make a claim while you still have a debt with the CSA?
 
From past experience the the CDDA scheme is fairly open and claims can take time to process. I had a claim that took them a year to process so best to get claims in sooner than later. Goggle CDDA scheme for more info. With a child support debt I guess the claim will offset it.
 

Is there a time frame on how long to wait before you can make a claim?
There doesn't appear to be, but some Government departments appear to be able to magically drum up rules, policies and legislation.

Can you make more then 1 claim?
Yes BUT going through CDDA the financial loss aspect is part of the same. That is with CDDA a determination is made as to whether or not the adminstration was defective (and this could be on a number of issues), then the compensation aspect is considered. So really it is one claim (I made 3 claims if I recall correctly (might be a post on here from me in that regard), got defective administration on 2), I got no compensation (didn't really expect any, especially as one claim, I believe, was them not taking more money).

Can you make a claim while you still have a debt with the CSA?
I don't believe there is any such restriction at all.

6.11 Compensation & Waiver of Debts | Child Support Guide

Claiming compensation from us - Australian Government Department of Human Services

The Scheme for Compensation for Detriment caused by Defective Administration (the CDDA Scheme) | Department of Finance

http://www.ombudsman.gov.au/__data/assets/pdf_file/0026/35594/Compensation-for-defective-administration.pdf
Thank you for all that information, it has been interesting reading.

So going through all of the information you have to prove the facts that the CSA have made an error of law.

Does that only apply to the CSA and/or SSAT AAT Magistrates Courts on defective administration.
My first year of Child Support period started June 2000 finished May 2001
CSA gave an estimate on taxable income based on last financial year $9k due to unemployment, as I didn't know if I was going to get work.

September 2001 Tax returns lodged and the CSA intercepted my Tax refund.
So the CSA would now have my Taxable income to do a reassessment.

May 2009 - 8 Years later. The CSA notify me they now have up to date information to change the estimate of income for the Child Support period - June 2000 to May 2001 as the new information they have found has my Taxable income higher then what the CSA first gave me an estimate for, so they are required to reassess my taxable income.
The reassessment gave me an additional debt of $1100 and penalty of $109  
 
So is there something below that I am missing or don't understand properly here  ?
What I am reading is that the CSA can only go back 18 months, with a maximum of 7 years to do a reassessment on the provisions that the Courts grant leave.
Is there a hidden clause somewhere that says "under special circumstances"

When I disputed this fact I asked the question that I should put in a COA application form, I was told that I could not, as it was outside of the specified time frame.
Re Section 111  Parent or carer applications  -  See below


98S Determinations that may be made under Part
(3B)  The Registrar may only make a determination under this Part in respect of a day in a child support period, being a day that is more than 18 months earlier than:
                     (a)  the day on which the application for the determination is made under section 98B; or
98B  Application for determination under Part
             (1)  If, at any time when an administrative assessment is in force in relation to a child:
                     (a)  the liable parent concerned; or
                     (b)  the carer entitled to child support concerned;
is of the view that, because of special circumstances that exist, the provisions of this Act relating to administrative assessment of child support should be departed from in relation to the child, the liable parent or carer may, by written application, ask the Registrar to make a determination under this Part.
Note 1:       For the determinations that the Registrar may make under this Part see section 98S.
Note 2:       The Registrar may only make a determination under this Part in respect of a day that is more than 18 months earlier than the day on which the relevant application is made with a court's leave under section 112 (see subsection 98S(3B)).
112  Court may grant leave to amend administrative assessment that is more than 18 months old
             (1)  If an application is made to a court under section 111, the court may grant leave for:
                     (a)  the Registrar to make a determination under section 98S; or
                     (b)  the court to make an order under section 118.
111  Application for amendment of administrative assessment that is more than 18 months old
Registrar application
             (3)  The Registrar (the applicant) may apply to a court having jurisdiction under this Act for leave for the Registrar to make a determination under section 98S in respect of a day in a child support period, being a day that is more than 18 months, and less than 7 years, earlier than the day on which the application under this section is made.
             (4)  The parties to the proceeding under subsection (3) are:
                     (a)  the applicant; and
                     (b)  the liable parent; and
                     ©  the carer entitled to child support.

118  Orders that may be made under Division
          (2B)  A court may only make an order under this Division in respect of a day in a child support period, being a day that is more than 18 months earlier than the day on which the application for the order is made under section 116, if the court has granted leave under section 112 for the order to be made.
          (2C)  If the court has granted leave under section 112, the court may only make an order under this Division in respect of a day in a child support period if the day is within the period specified by the court, under subsection 112(6), in the order granting the leave.
             (3)  If the court makes an order under this section, the court must:
                     (a)  give reasons for making the order (including reasons for its satisfaction as required by paragraph 117(1)(b)); and
(b)   cause the reasons to be entered in the records of the court.
      Orders granting leave to specify period
112             (6)  An order granting leave under this section must specify the period in respect of which the Registrar may make a determination or the court may make an order.
             (7)  The period specified under subsection (6):
                     (a)  must not include a day in a child support period if the day is more than 7 years earlier than the day on which the application under section 111 was made; and
                     (b)  is not limited by the terms of that application.

111  Application for amendment of administrative assessment that is more than 18 months old
Parent or carer applications
             (1)  A liable parent, or a carer entitled to child support, (the applicant) may apply to a court having jurisdiction under this Act for leave for:
                     (a)  the Registrar to make a determination under section 98S; or
                     (b)  the court to make an order under section 118;
in respect of a day in a child support period, being a day that is more than 18 months, and less than 7 years, earlier than the day on which the application under this section is made.

If I am correct in the above, do you believe that this Defective administration ? and why ?

In 2008 the legislation changed drastically, so any debt to the common wealth prior to 2008 may be covered by that legislation.  I would certainly contest the penalty, as by what you say it was their estimate based upon what information they gathered and if they gathered it wrongly then their mistake. My knowledge of the pre-2008 legislation is very little.
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