Doran and Wakeling (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Doran (the applicant) concerning a child support assessment. The dispute centred on the calculation of the percentage of care provided to the child, specifically the number of nights the child spent in the applicant's care. The applicant sought to have the decision under review set aside and substituted with a more favourable assessment.

The primary legal issue before the Tribunal was whether the initial assessment of the percentage of care accurately reflected the actual care arrangements for the child. This involved determining the correct method for calculating the number of nights of care, particularly in circumstances where the parties' accounts of the child's overnight stays differed. The Tribunal was required to apply the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and associated legislation to the evidence presented.

The Tribunal's reasoning focused on the evidence presented by both parties regarding the child's overnight stays. It considered the reliability of the evidence and applied the principles for calculating the percentage of care, which often involves a detailed examination of calendars and other records. The Tribunal ultimately found that the initial assessment did not accurately reflect the factual circumstances of the care arrangements. Consequently, the Tribunal set aside the original decision and substituted its own decision, recalculating the percentage of care based on its findings.