Chaucer and Taunt (Child support) - [2024] ARTA 209

Chaucer and Taunt (Child support) [2024] ARTA 209 (20 November 2024)

Applicant/s: Ms Chaucer

Respondent: Child Support Registrar

Other Parties: Mr Taunt

Tribunal Number: 2024/MC028225
Tribunal: General Member L Manville
Place:Brisbane
Date:20 November 2024
Decision:
The Tribunal sets aside the decision under review and substitutes a new decision that:
(a)In respect of [Child 1], the existing care percentage of care determinations of 50% to Ms Chaucer and 50% to Mr Taunt are revoked from 22 November 2022 and replaced with new percentage of care determinations of 92% to Ms Chaucer and 8% to Mr Taunt, with effect from 9 July 2024 pursuant to section 95N of the Child Support (Registration and Collection) Act 1988;
(b)In respect of [Child 2], the existing care percentage of care determination of 50% to Ms Chaucer and 50% to Mr Taunt are revoked from 22 November 2022 and replaced with new percentage of care determinations of 96% to Ms Chaucer and 4% to Mr Taunt, with effect from 9 July 2024 pursuant to section 95N of the Child Support (Registration and Collection) Act 1988.

CATCHWORDS

CHILD SUPPORT – percentage of care – change to the pattern of care – existing percentage of care determinations revoked – new determinations made – special circumstances for the date of effect – decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

Ms Chaucer and Mr Taunt are the parents of [Child 1] (born 2009) and [Child 2] (born 2017).
On 27 March 2023, Ms Chaucer notified Services Australia – Child Support (Child Support) of a change in care in that she had 100% care of both children from 22 November 2022.
Prior to the change in care notification, a pre-existing care percentage determination was recorded that Ms Chaucer had 50% and Mr Taunt had 50% care of both children. The determination was in line with orders made in the Federal Circuit and Family Court of Australia [in] December 2021.
On 6 April 2023, Mr Taunt advised Child Support that he disputed the care notification and asserted that Ms Chaucer had been withholding the children since February 2023, and that he was attempting to regain access to them. Ms Chaucer contacted Child Support on 11 May 2023, and contended that Mr Taunt was only seeking access to [Child 2] and that, following an incident with [Child 1] and his father, she would not be returning the children to Mr Taunt’s care.
On 31 May 2023, a care determination was made reflecting 100% care to Ms Chaucer and 0% care to Mr Taunt of both children from 22 November 2023, with effect from 27 March 2023.
On 13 June 2023, Mr Taunt lodged an objection to the care determination made on 31 May 2023,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] ARTA 209
Decision Date: 20 November 2024

CaseChat Overview and Summary

Ms Chaucer and Mr Taunt, the parents of [Child 1] and [Child 2], were before the Administrative Review Tribunal to review a decision made by the Child Support Registrar. Ms Chaucer had notified Child Support that she had 100% care of both children from 22 November 2022, a change from the 50/50 shared care arrangement that had previously been in place. Mr Taunt disputed this change and objected to the care determination. The issues before the Tribunal were whether the pre-existing care determinations should be revoked, what the new care percentages should be, and what date the new care determinations should take effect.

The Tribunal found that the pre-existing care determinations of 50% to Ms Chaucer and 50% to Mr Taunt should be revoked because they did not reflect the actual care that had occurred. Based on the evidence, Ms Chaucer had 92% care of [Child 1] and 96% care of [Child 2], while Mr Taunt had 8% care of [Child 1] and 4% care of [Child 2]. The Tribunal concluded that the new care percentages should take effect from the date Ms Chaucer applied for review, 9 July 2024, as there were no special circumstances preventing her from lodging the review application within the required timeframe. The Tribunal set aside the original decision and substituted its own, determining the new care percentages to be 92% to Ms Chaucer and 8% to Mr Taunt for [Child 1], and 96% to Ms Chaucer and 4% to Mr Taunt for [Child 2], effective from 9 July 2024.

Orders