Eidson and Child Support Registrar (Child support)

This matter concerned an appeal by Eidson against a decision of the Child Support Registrar regarding the particulars of an administrative assessment. The central dispute revolved around whether a terminating event had occurred in relation to the payee, which would impact the child support assessment. The case was heard by J Thomson M.

The primary legal issue before the court was to determine whether the conditions for a terminating event, as defined by the relevant legislation, had been met. This involved an examination of the care arrangements for the child and whether either parent had at least 35% of the care. A secondary issue, arising from a late application for review, was whether special circumstances existed that would justify the late lodgement of that application.

J Thomson M reasoned that the evidence did not establish that either parent had at least 35% of the child's care, which was a prerequisite for the terminating event to occur. Consequently, the court found that a terminating event had indeed happened. Regarding the late application for review, the court determined that no special circumstances were present that would have prevented the application from being lodged within the prescribed time. The court therefore set aside the decision under review and substituted its own decision, with the date of effect to be determined in accordance with the legislation.