Eberhardt and Stubbs (Child support)

The Administrative Appeals Tribunal considered the dispute between the liable parent, Mr Eberhardt, and the payee parent, Ms Stubbs, concerning the particulars of an administrative assessment of child support. The core of the disagreement revolved around whether Mr Eberhardt had ceased to be a resident of Australia for the purposes of the assessment.

The Tribunal was required to determine whether Mr Eberhardt had, in fact, ceased to be a resident of Australia. This involved an examination of the evidence presented regarding his circumstances and his connection to Australia.

The Tribunal found that Mr Eberhardt remained a resident of Australia. In reaching this conclusion, the Tribunal applied the principles governing residency for child support purposes, which typically consider factors such as the intention to reside, the location of a person's home, and their ongoing ties to the country. Based on the evidence, the Tribunal was satisfied that Mr Eberhardt's residency in Australia had not been terminated.

The decision under review, which affirmed the administrative assessment, was therefore affirmed by the Tribunal.