Child Support Registrar v DQFY

The appellant Child Support Registrar sought to appeal from the second review decision of the Administrative Appeals Tribunal (Tribunal). The Registrar had revoked a determination of the percentage of care and made two new care percentage determinations. The Registrar submitted that the Tribunal misconstrued sections 50 and 54F of the Child Support (Assessment) Act 1989 (Cth) and that the first care percentage determination was illogical or based on no evidence. The Registrar also submitted that the second care percentage determination exceeded the Tribunal’s jurisdiction or powers. The Tribunal dismissed the appeal. The Registrar’s submissions as to the correct application of sections 50 and 54F of the Assessment Act were considered by the Court. The Court found that the Tribunal did not misconstrue the relevant statutory provisions and that the first care percentage determination was not illogical or based on no evidence. The Court also found that the second care percentage determination was within the Tribunal’s jurisdiction and powers. The appeal was dismissed.