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List of Administrative Appeals Tribunal (AAT) Decisions

Below is a list of the Child Support related AAT decisions.

Each list item has the case, followed by the catchwords/phrases and then the link.

This topic is not intended as a discussion, if you wish to discuss a case then please create a topic for that case. I will create a topic specifically for discussion in general.


Here's the list :-

Confidential and Executive Director, Social Security Appeals Tribunal [2009] AATA 851 (5 November 2009)
CHILD SUPPORT  - extension of time in which to lodge appeal with Social Security Appeals Tribunal
 Child Support  (Registration and Collection) Act 1988 ss 90, 92
Full Decision

Confidential and Executive Director, Social Security Appeals Tribunal and Anor [2009] AATA 342 (14 May 2009)
CHILD SUPPORT  - application for extension of time - acceptable explanation for delay - lack of merit in substantive application - application for extension of time refused
Full Decision

Confidential and Executive Director, Social Security Appeals Tribunal [2009] AATA 172 (17 March 2009)
Child Support   application to extend time to apply to Social Security Appeals Tribunal  SSAT refused extension  whether factors justify the exercise of the discretion to extend time  decision set aside  time extended
Full Decision

Confidential and Social Security Appeals Tribunal [2009] AATA 197 (25 February 2009)
Child Support   percentage of care  whether percentage should be determined by actual time rather than nights of care  decision under review set aside
Full Decision

Howe and Comcare [2009] AATA 116 (20 February 2009)
COMPENSATION   Child Support  Agency employee  Claim for anxiety disorder Liability accepted for adjustment reaction with anxious mood  Determination revoked - Depressive disorder - Whether mental injury arising out of, or in the course of, employment  Applicant submitted cumulative stresses at work contributed to depressive disorder  Applicants evidence about nature and effect of work stresses not accepted  Permanent impairment claim conceded - Decisions affirmed
Full Decision

Confidential and Executive Director of the Social Security Appeals Tribunal [2008] AATA 1006 (7 November 2008)
Practice and Procedure: Extension of Time  Application to extend time to apply to Social Security Appeals Tribunal for review of decision of the  Child Support  Agency  Applicant unable to show any factors justifying exercise of discretion in his favour.
Full Decision

Confidential and Social Security Appeals Tribunal [2008] AATA 1008 (7 November 2008)
CHILD SUPPORT   decision was regarding the percentage of child care for a child  Tribunal given jurisdiction to review decisions of SSAT of that sort from 1 July 2008  SSAT decision made after 1 July 2008 in respect of a  child support  period before 1 July 2008  Tribunal has no jurisdiction to review decision.
Full Decision


Valve and Child Support Registrar [2008] AATA 661 (31 July 2008)
   CHILD SUPPORT  Departure Authorisation Certificate  Departure Prohibition Order preventing Applicant from leaving Australia  whether a Departure Authorisation Certificate should be issued  whether Applicant likely to depart from and return to Australia in an appropriate period  whether DPO likely to be revoked  security  whether humanitarian grounds  decision under review is affirmed
   Full decision

Beamish and Child Support Registrar and Molloy (Party Joined) [2008] AATA 586 (8 July 2008)
   refusal of extension of time to seek review by Child Support Registrar  change of legislation regarding review of child support decisions - whether Child Support Registrar still retains power to review  whether any prospects of success at review - decision affirmed.
   Full decision
   
Rucker and Child Support Registrar [2008] AATA 557 (26 June 2008)
   CHILD SUPPORT  departure authorisation certificate  departure prohibition order currently preventing applicant from leaving Australia  whether departure authorisation certificate should be issued  the decision under review is affirmed
   Full decision
   
Sprigg and Child Support Registrar and Anor [2008] AATA 125 (19 February 2008)
   CHILD SUPPORT  application for extension of time in which to lodge objection  decision to change child support assessment  failure to lodge objection within time allowed by statute  delay substantial  no jurisdiction to hear merits of substantive application reasons for delay  prejudice to all parties considered  no obvious error in original decision  decision affirmed
   Full decision
   
Ford and Child Support Registrar [2007] AATA 1242 (23 April 2007)
   CHILD SUPPORT - Freedom of Information request
   Full decision
   
Vickers and Child Support Agency and Vickers (party joined) [2006] AATA 1112 (21 December 2006)
   child support  extension of time  is there a reasonable explanation for the delay  is an extension of time fair and equitable  is it proper to grant an extension  did the applicant rest on his rights  prejudice to the other parties  prejudice to general public  established practice  merits of the substantial application  fairness between the applicant and other parties
   Full decision
   
O'Donnell and Child Support Registrar [2006] AATA 878 (16 October 2006)
   CHILD SUPPORT  Child Support Agency  Failure to Pay Arrears  Late Payment Penalties  Earning Capacity  Actual Capacity  Bankruptcy - No Special Circumstances  Failure to Lodge Application  Decision Under Review Varied for Late Payment  Decision is Affirmed with Regard to All Other Matters
   Full decision
   
Ong and Child Support Registrar [2006] AATA 800 (19 September 2006)
   Child support - application for extension of time  insufficient factors present for exercise of discretion
   Full decision
   
Astle and Child Support Registrar [2006] AATA 391 (5 May 2006)
   FREEDOM OF INFORMATION  Documents claimed to be exempt  Protected information - Personal information  Sufficiency of search.
   Full decision
   
Ford and Child Support Registrar [2006] AATA 283 (29 March 2006)
   FREEDOM OF INFORMATION - documents relating to the applicant - whether documents exempt from disclosure - irrelevant material - threat to personal safety - personal privacy - documents obtained in confidence - adequacy of searches - whether other documents exist - amendment of personal records
   Full decision

Orell and Child Support Registrar [2005] AATA 1070 (28 October 2005)
   CHILD SUPPORT - failure to object within specified period  application for extension of time - no substantive reasons for delay - no basis for exercise of discretion - decision under review affirmed
   Full decision
   
Ford and Child Support Registrar [2005] AATA 860 (2 September 2005)
   FREEDOM OF INFORMATION  jurisdiction  identification of decision under review  deemed decision circumscribed by terms of request.
   Full decision
   
Kershna and Child Support Registrar [2005] AATA 831 (29 August 2005)
   Practice and Procedure  jurisdiction  child support  extension of time granted to lodge objection  meaning of "a person aggrieved"  Tribunal has jurisdiction to decide application. Child Support  stay application  principles to be applied  consideration of relevant issues  order refused
   Full decision
   
Wetzell and Child Support Registrar [2005] AATA 607 (3 June 2005)
   CHILD SUPPORT  departure authorisation certificate  departure prohibition order currently preventing applicant from leaving Australia  whether departure authorisation certificate should be issued  applicant lives in Samoa  whether debt will be enforced in Samoa  applicant has Federal Magistrate matter in Australia  applicant offered $7,000.00 as security which has been loaned from his brother  whether applicant has to give security personally  whether security offered is sufficient when compared to debt of approximately $50,000.00  Family Court order enforceable in Samoa  part of reviewable decision refusing to issue departure authorisation certificate set aside  other matters subject to appeal continuing before Tribunal
   Full decision
   
Cameron and Child Support Registrar [2005] AATA 445 (18 May 2005)
   PRACTICE AND PROCEDURE - Jurisdiction  respondent granted application by carer of child for extension of time for lodging objection to departure from administrative assessment of child support payable by applicant  applicant applied to Tribunal for review of that decision  Tribunal has no jurisdiction to decide application for review of decision granting extension of time  application for review dismissed
   Full decision
   
McConnell and Child Support Registrar [2005] AATA 342 (15 April 2005)
   Child support - Application for extension of time  Insufficient factors present for exercise of discretion
   Full decision
   
Wright and Child Support Registrar [2004] AATA 1362 (17 December 2004)
   Child support  decision to change child support assessment  delay in lodging objection to decision  delegate refuses extension of time to lodge objection  delay in lodging application for review by AAT of refusal to allow late objection  application for extension of time to lodge application to AAT  application unsuccessful
   Full decision
   
Laing and Child Support Registrar and Anor [2004] AATA 1204 (16 November 2004)
   CHILD SUPPORT  application for review of decision granting extension of time to object to a refusal determination under s 98Z of Child Support (Assessment) Act 1989  consideration of Hunter Valley factors  solicitors notified CSA of intention to object within statutory time frame  requested documentation from CSA  application made 11 days late  no prejudice to other parent within 11 day delay  conceded that decision as to which objection sought to be lodged contained an error  strong merits to substantive objection  decision under review affirmed. PRACTICE AND PROCEDURE  recommendation that record keeping and administrative procedures of Agency be improved.
   Full decision
   
Reichman and Child Support Registrar [2004] AATA 1046 (7 October 2004)
   CHILD SUPPORT AGENCY - change in care arrangements - substantial care - date of effect of re-assessment - extension of time to lodge objection - father un-well - prejudice - legitimate expectation
   Full decision
   
Hayward and Child Support Registrar and Anor [2004] AATA 1031 (1 October 2004)
   CHILD SUPPORT  extension of time to lodge objection in relation to child support payments
   Full decision
   
Henderson and Child Support Registrar [2004] AATA 829 (6 August 2004)
   JURISDICTION  CHILD SUPPORT  child support assessment  whether reviewable decision  Tribunal has no jurisdiction.
   Full decision
   
Kaz and Child Support Registrar [2004] AATA 672 (16 June 2004)
   CHILD SUPPORT  application for extension of time to lodge application for review  review sought of decision refusing application for extension of time to lodge an objection to Child Support Agency ("CSA") decision  Hunter Valley factors considered  acceptable explanation of delay - applicant not advised of time limit for seeking AAT review  no prejudice to CSA  issue as to merits of substantive application  failure by applicant to provide reasons for her failure to lodge objection to CSA decision in time as required by Child Support (Assessment) Act 1989 ("the CSA Act")  lack of merit in substantial application for extension of time in which to lodge objection to CSA decision  application refused. PRACTICE AND PROCEDURE  recommendations as to changes in CSA procedure  recommend that advice to be given to persons affected by decisions made under s98ZE of CSA Act as to time limit for AAT review  suggestion that people be invited to amend applications for extensions of time which do not comply with requirement to state reasons for failure to lodge in time rather than the application simply being refused.
   Full decision
   
Glackin and Child Support Registrar [2004] AATA 511 (21 May 2004)
   CHILD SUPPORT ASSESSMENT  application for change of assessment  assessment not changed  notice of objection lodged outside statutory time  reasonable explanation for delay  applicant did not indicate dissatisfaction with assessment decision during period of delay  no prejudice to respondent if extension of time granted  applicant has no prospect of success on the merits  extension of time refused
   Full decision
   
O'Donnell and Child Support Registrar [2004] AATA 474 (14 May 2004)
   SOCIAL SECURITY  Child Support  Application for extension of time to lodge objection to decision reviewing child support payments  CSA made aware the decision was being contested  no prejudice to CSA identified  no wider prejudice to general public  merits of substantive application unclear  fair to grant the extension  decision set aside
   Full decision
   
Weekes and Child Support Registrar [2004] AATA 431 (30 April 2004)
   CHILD SUPPORT  extension of time to lodge objection in relation to child support payments  decision under review affirmed.
   Full decision
   
Haywood and Child Support Registrar [2004] AATA 325 (9 March 2004)
   Extension of Time  child support - claim by Applicant with regard to assessment in relation to child support  extension to time to review decision refused.
   Full decision
   
Dallimore and Child Support Registrar and Anor [2004] AATA 219 (17 February 2004)
   CHILD SUPPORT ASSESSMENT - application to object relevant consideration in granting extension of time - decision affirmed
   Full decision
   
Gordon and Child Support Registrar [2003] AATA 685 (22 July 2003)
   CHILD SUPPORT - extension of time to lodge objection to decision - exercise of discretion - factors to be considered - whether merits of substantive matter to be considered - relevant period for which reasons for failure to lodge an objection must be given
   Full decision
   
Lynch and Deputy Child Support Registrar [2002] AATA 1297 (13 December 2002)
   CHILD SUPPORT - objection to decision to credit non-agency payment - application for extension of time
   Full decision
   
Holas and Child Support Registrar and Anor [2002] AATA 480 (17 May 2002)
   Stay application - correct test for determining whether to grant a stay - relevant factors
   Full decision
   
Soldan and Child Support Registrar [2002] AATA 302 (2 May 2002)
   CHILD SUPPORT - application for extension of time within which to lodge objection to refusal of application for administrative assessment.
   Full decision
   
Savage and Child Support Registrar and Anor [2002] AATA 334 (8 April 2002)
   CHILD SUPPORT - extension of time to lodge objection
   Full decision
   
Nguyen and Child Support Registrar and Anor [2002] AATA 177 (28 February 2002)
   Freedom of Information: Document provided to Respondent as part of a dispute between the party joined and her sister as to child support. That document could be disclosed to party joined in those proceedings, not the test when disclosure under Freedom of Information Act, disclosure to whole world.
   Full decision
   
Young and Child Support Registrar [2001] AATA 790 (11 September 2001)
   CHILD SUPPORT: Application to Extend Time in which to object to decision of the Registrar. Principles to be approved. Former wife not a necessary party to this application.
   Full decision
   
Watsemwa and Child Support Registrar [2001] AATA 687 (2 August 2001)
   CHILD SUPPORT - extension of time in which to lodge an objection to a non-agency payment - maintenance entitlement - payment credited against child support liability - payments to third persons by payer - reasonable explanation for delay in lodging her objection
   Full decision
   
Young and Child Support Registrar [2001] AATA 643 (11 July 2001)
   Child support - extension of time for making objection - request for stay of the reviewable decision
   Full decision
   
Kuhn and Child Support Registrar [2001] AATA 423 (28 March 2001)
   CHILD SUPPORT - Application for extension of time within which to lodge objection to refusal of application for administrative assessment
   Full decision
   
Abolish Child Support and Family Court and Minister for Foreign Affairs and Trade [2001] AATA 159 (2 March 2001) :P
   PASSPORT - refusal to issue passport in name used by applicant - whether applicant had changed his name to Justice Nevil Abolish Child Support and Family Court - change of surname registered in New South Wales - change of first names registered in Victoria - whether discretion not to accept a name for inclusion in a passport if on reasonable grounds it may be considered offensive available in case of a registered change of name - whether name acquired by reputation - whether name may on reasonable grounds be considered offensive - discretion exercised not to accept name for inclusion in a passport - decision affirmed

   Full decision
   
Brien and Registrar, Child Support [2000] AATA 1145 (22 December 2000)
   Child support - application for extension of time
   Full decision
   
Luton and Child Support Registrar [1999] AATA 808 (27 October 1999)
   FREEDOM OF INFORMATION - sufficiency of search for missing file - documents to which secrecy provisions of enactments apply - protected information - whether protected information may be communicated to a person "under or for the purposes of" or "in the performance of duties … under or in relation to" the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 - unreasonable disclosure of personal information - decision varied.
   Full decision
   
Patricia Hudson and Child Support Registrar [1998] AATA 863 (28 October 1998)
   FREEDOM OF INFORMATION - exemption claim for the name of Agency staff - distinction between staff dealing with applicant direct and names of staff dealing with third party - exemption under s.41(1) - whether documents exempt under s.38 of the FOI Act 1975
   Full decision
   
Laurence Michel Defrenne and Deputy Registrar, Child Support Agency [1997] AATA 492 (21 November 1997)
   Child Support - Penalty - applicant intentionally failed to pay child support on time - Whether special circumstances
   Full decision

Last edit: by MikeT

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