Hinton and Hinton (Child support)

This matter concerned an application for review of a decision made by the Child Support Registrar concerning the percentage of care for a child. The applicant, Mr. Hinton, sought to have the percentage of care attributed to him increased, arguing that the child’s care arrangements were not in accordance with a court order. The respondent, Ms. Hinton, opposed this application. The review was heard by Member S Letch of the Child Support Tribunal.

The primary legal issues before the Tribunal were whether the Registrar’s decision regarding the percentage of care was correct, and whether the Registrar had erred in refusing to make an interim care determination. A further issue arose concerning the date of effect of any revised care determination, given that the application for review was lodged outside the prescribed 28-day period following the Registrar’s objection decision. The Tribunal was asked to consider whether special circumstances existed to permit a late review.

The Tribunal considered the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to the determination of care percentages and the circumstances in which an interim care determination could be made. It noted that the care arrangements were occurring in contravention of a court order and that the applicant had taken reasonable action to enforce that order. The Tribunal found that the Registrar had erred in not making an interim care determination and in its assessment of the percentage of care. The Tribunal also considered the "alignment of care" regime and the confusion it could cause, ultimately finding that special circumstances did exist to allow the late lodgement of the review application.

The Tribunal set aside the Registrar's decision and substituted its own determination regarding the percentage of care. The Tribunal also made an interim care determination and specified the date from which this determination would take effect.