Aleshire and O’Connell (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Administrative Appeals Tribunal (AAT) concerning child support. The parties involved were Aleshire and O’Connell, and the dispute centred on the percentage of care attributed to each parent for their child, which directly impacts child support assessments.

The primary legal issue before the court was whether the AAT had erred in its determination regarding the date of effect for a change in the percentage of care. Specifically, the court had to consider whether the AAT was correct in revoking pre-existing percentage of care determinations and whether special circumstances existed to justify a retrospective change.

The court reasoned that the AAT had incorrectly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. While the AAT found that special circumstances existed to alter the percentage of care from a certain date, the court determined that the AAT’s decision to revoke pre-existing determinations was not supported by the legislation. The court applied the principle that pre-existing percentage of care determinations should not be revoked unless specific criteria are met, which were not established in this instance.

The Federal Circuit Court set aside the AAT's decision and substituted its own determination, finding that the change in the likely pattern of care did not warrant the retrospective revocation of the earlier percentage of care determinations.