Kersey and Noakes (Child support)

The applicant, Kersey, sought a review of a decision by the Registrar of the Child Support Agency concerning child support assessments for two relevant dependent children. The dispute centred on the applicant's care arrangements for these children, specifically whether they met the threshold for a change of assessment. The matter was heard by Member S Letch of the Child Support Australia.

The primary legal issue before the court was whether the applicant had established that the percentage of care provided to the two relevant dependent children was 35% or more, as required by the *Child Support (Registration and Collection) Act 1988* (Cth) for a change of assessment to be made. This involved determining the factual basis of the care arrangements and applying the relevant legislative provisions.

Member S Letch found that the evidence presented did not demonstrate that the applicant had provided 35% or more care for the two relevant dependent children. Consequently, the threshold for a change of assessment under the Act was not met. The decision under review was therefore set aside.