BPLB and Child Support Registrar (Child support second review)

This matter concerned a review by the General Division of the Administrative Appeals Tribunal of a decision by the Child Support Registrar, which had been affirmed by the Social Services and Child Support Division of the Tribunal. The applicant, BPLB, disputed the care percentages determined by the Registrar following a Federal Circuit Court order made on 1 August 2019. The dispute arose from differing interpretations of the Court's orders regarding the care arrangements for the parties' two children, specifically concerning the calculation of nights of care and the definition of school holidays.

The primary legal issue before the Tribunal was to determine the correct percentage of care each parent provided for the children, in accordance with the Child Support (Assessment) Act 1989 (Cth). This involved interpreting the Federal Circuit Court's parenting orders and applying them to the factual circumstances of the care arrangements, particularly in light of the parties' differing calculations and understandings of the periods of care. The Tribunal was required to assess whether the Registrar's determination of 62% care for the mother and 38% for the father was accurate based on the actual care provided.

The Tribunal found that the applicant's calculations were flawed, particularly in his inclusion of an extra night of care per fortnight and his misinterpretation of school holiday periods by conflating them with school terms. The Tribunal noted that the existing care percentage determination was based on a sensible division of 40 weeks of school terms and 12 weeks of holidays, which aligned with the mother's interpretation. Crucially, the Tribunal concluded that the actual care provided by the parties was consistent with the existing care percentage determination of 38% for the applicant. Therefore, the Tribunal affirmed the decision of the Administrative Appeals Tribunal dated 23 April 2020.