Davison and Child Support Registrar (Child support)

The case of Davison and Child Support Registrar concerned a dispute regarding the percentage of care for a child. Mr. Davison contended that the care arrangements had changed from 1 January 2018, resulting in him having 21% care and Ms. [A] having 79% care, a shift from the previous determination of 13% care for Mr. Davison and 87% for Ms. [A]. The matter came before the Tribunal for review.

The primary legal issues before the Tribunal were whether there had been a change in the likely pattern of care for the child, and if so, whether the existing percentage of care determinations should be revoked and new ones made. A further issue was to determine which legislative provisions applied to the revocation of care determinations, particularly in light of amendments to the Child Support (Registration and Collection) Act 1988 that took effect on 23 May 2018 and 1 July 2018, given that the alleged change in care occurred before these amendments and notification was significantly delayed.

The Tribunal accepted Mr. Davison's evidence that a change in care occurred on 1 January 2018, leading to a revised care percentage of 21% for him and 79% for Ms. [A]. This change would alter both parents' cost percentages, satisfying the criteria for revocation under section 54F of the Assessment Act. Crucially, the Tribunal determined that because the change in care commenced on 1 January 2018, prior to the legislative amendments of 23 May 2018, the law prevailing before 23 May 2018 applied. Although the notification of the care change on 12 September 2019 was outside the usual 28-day period, the Tribunal considered the provisions for late notification that took effect from 1 July 2018. However, as the change of care predated 1 July 2018, the Tribunal concluded that the amended law from 23 May 2018 was not applicable.

The Tribunal set aside the existing percentage of care determinations and substituted them with new determinations reflecting Mr. Davison having 21% care and Ms. [A] having 79% care, with corresponding cost percentages of 24% and 76% respectively.