Bernardi and Bernardi (Child support)

This matter concerned a dispute between Mrs Bernardi and Mr Bernardi regarding child support payments, specifically concerning the percentage of care each parent had for their children. The core of the dispute revolved around a change in the children's care arrangements from 25 July 2019, when Mrs Bernardi found the children were not with her as per their existing agreement. The decision was made by a tribunal.

The legal issues before the tribunal were to determine whether there had been a change to the likely pattern of care, and if so, to revoke existing percentage of care determinations and make new ones. This involved assessing whether both parents had taken reasonable action in response to the change in care, and whether an interim period should apply. The tribunal also considered the definition of "special circumstances" under the *Child Support (Registration and Collection) Act 1988* (the Act) which could allow for a single percentage of care based on actual care, bypassing the interim period.

The tribunal's reasoning was guided by government policy outlined in the Child Support Guide regarding what constitutes "reasonable action," which includes steps like negotiation, dispute resolution, and seeking legal advice or court orders. The tribunal found that Mrs Bernardi had taken reasonable action by contacting authorities, engaging with Relationships Australia, obtaining a Certificate 60I, and seeking legal representation. Similarly, the tribunal found that Mr Bernardi had taken reasonable action by participating in dispute resolution processes. The tribunal considered Mr Bernardi's allegations of abuse but, noting the police did not lay charges and that he had allowed the children to return to Mrs Bernardi's care, concluded there were no "special circumstances" to justify deviating from the standard interim period provisions.

Consequently, the tribunal set aside the previous decision and substituted its own. For an interim period from 25 July 2019 to 18 October 2019, the percentages of care were determined as 42% for Mrs Bernardi and 58% for Mr Bernardi. From 19 October 2019 onwards, until new determinations were made, the percentages of care were set at 0% for Mrs Bernardi and 100% for Mr Bernardi.