GFSG and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar (CSR) regarding care percentage determinations for a child. The parties involved were GFSG and MWKV, the child's parents, and the CSR. The dispute centred on the correct percentage of care each parent had for the child during specific periods, which impacts child support assessments.

The primary legal issues before the Tribunal were whether the existing care percentage determinations should be revoked and, if so, from what date, and what new care percentage determinations should be made and when they would take effect. The Tribunal was required to determine the "actual care" of the child, as defined by the Child Support (Assessment) Act 1989 (Cth), and whether this corresponded with the existing percentage of care determinations.

The Tribunal considered evidence including statutory declarations from the parties, the child, and the child's grandmother (GM), as well as oral evidence from GFSG, MWKV, GM, MWKV's wife, and the child. The Tribunal found GM to be a credible witness. It was established that the child did not reside with either parent from 11 September 2018 until 3 November 2019, during which time the child lived with GM. The Tribunal disregarded previous court orders as they did not reflect the actual care arrangements. The Tribunal noted that the child, when presented with evidence of GFSG's support during a period he had previously claimed no support, acknowledged his earlier assertion was inaccurate. The Tribunal applied sections 50 and 49 of the Act, which require determinations to be based on actual care, and section 54F, which mandates revocation of existing determinations if actual care no longer corresponds with them.

The Tribunal varied the decision under review. It revoked existing percentage of care determinations from 1 August 2018 and made new determinations that from 2 August 2018, GFSG had 100% care and MWKV had 0% care. These determinations were further revoked from 2 November 2019, with new determinations made that from 3 November 2019, both GFSG and MWKV had 0% care.