Dane and Froud (Child support) - [2025] ARTA 245

Dane and Froud (Child support) [2025] ARTA 245 (6 January 2025)
Applicant/s:  Mr Dane
Respondent:  Child Support Registrar
Other Parties:  Ms Froud
Tribunal Number:   2024/BC028446
Tribunal:Senior Member S Trotter
Place:Brisbane
Date:6 January 2025

Decision:

The Tribunal sets aside the decision under review and substitutes a new decision that, in respect of [Child 1]:
1. the existing percentage of care determination of 0% to Mr Dane is revoked from 5 February 2024 and a percentage of care determination of 50% applies for Mr Dane from 6 February 2024; and
2. the existing percentage of care determination of 100% to Ms Froud is revoked from 17 December 2023 and a percentage of care determination of 50% applies for Ms Froud from 18 December 2023.
Statement made on 06 January 2025 at 4:18pm

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
1.Mr Dane and Ms Froud are parties to a child support case registered with Services Australia – Child Support (Child Support) in relation to financial support to be provided for [Child 1] (born 2009). The application concerns a single decision of Child Support about the percentage of care determinations for each parent for [Child 1] utilised in calculation of the child support liability.
2.The existing percentage of care determinations applying in the child support case for [Child 1] were 0% to Mr Dane and 100% to Ms Froud. Child Support’s records show that on 6 February 2024, Mr Dane notified Child Support that the care of [Child 1] had changed to 50% to him and 50% to Ms Froud from 18 December 2023.
3.On 9 April 2024, Child Support decided to refuse to accept that a change of care of [Child 1] had occurred and the care of [Child 1] continued to be recorded as 0% to Mr Dane and 100% to Ms Froud.
4.On 23 April 2024, Mr Dane objected to the 9 April 2024 decision and, on 20 August 2024, a Child Support objections officer disallowed the objection.

5.On 21 August 2024, Mr Dane lodged an application with the Administrative Appeals Tribunal (the AAT) seeking an independent review of Child Support’s decision, stating as follows (unedited):
There have been long delays in reaching a decision. By Child Supports own admission during phone conversations, they have exceeded the acceptable times for actioning my claim. The only proof I could provide was statements from my family who live with me and the child of concern ([Child 1] Dane). I was asked by Child Support services to provide the contact numbers of my witnesses with their statements. No attempt was made by Child Support to contact the witnesses. [Child 1]'s 2 adult brothers and his sister in law all provided corroborating statements and waited to be called but no contact from Child Support was forthcoming.…

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: [2025] ARTA 245
Decision Date: 6 January 2025

CaseChat Overview and Summary

In this case, Mr Dane sought a review of a decision made by Child Support concerning the percentage of care determinations for [Child 1], which were used in the calculation of child support liability. The Tribunal was required to decide whether the existing care determinations should be revoked and, if so, what the new percentages of care should be and the dates of application of these new determinations. The relevant legislation includes the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988. The Tribunal also considered the Child Support Guide in its decision-making process.

The Tribunal found that there was a change in care for [Child 1] from 18 December 2023, with both Mr Dane and Ms Froud having 50% care. The Tribunal determined that the existing percentage of care determinations of 0% for Mr Dane and 100% for Ms Froud should be revoked because they did not correspond with the actual care of [Child 1]. The new percentage of care determinations were set at 50% for both Mr Dane and Ms Froud. The Tribunal also determined that the revocation of the existing care determinations would take effect on 5 February 2024 for Mr Dane and 17 December 2023 for Ms Froud. The new care determinations would apply from 6 February 2024 for Mr Dane and 18 December 2023 for Ms Froud.

The Tribunal set aside the decision under review and substituted a new decision that, in respect of [Child 1], the existing percentage of care determination of 0% to Mr Dane is revoked from 5 February 2024 and a percentage of care determination of 50% applies for Mr Dane from 6 February 2024; and the existing percentage of care determination of 100% to Ms Froud is revoked from 17 December 2023 and a percentage of care determination of 50% applies for Ms Froud from 18 December 2023.

Orders