LGSG and Child Support Registrar (Child support second review)

This matter concerned a second review by the Tribunal of a child support Registrar's decision to make a new care determination. The Applicant sought to have an interim determination made reflecting a 49% care percentage for himself and 51% for the Other Party, based on a court order of 25 January 2018, arguing he had taken reasonable steps to ensure compliance with that order. He also contended that no special circumstances existed to warrant a single percentage of care determination under s 51(5) of the relevant Act.

The Tribunal was required to determine afresh whether the existing care determination, which had been in place from 27 March 2018, should be replaced. This involved considering whether the actual care arrangements corresponded with the existing decision, and if not, whether the change would alter the parents' cost percentages. The Tribunal's jurisdiction was confined to the period between 27 March 2018 and 7 September 2018, as the Respondent's subsequent determination of 7 September 2018, reflecting an interim court order, was not subject to review.

The court applied sections of the Act concerning the revocation of existing care percentage decisions when actual care does not correspond with the stated percentage, and the assessment of care percentages based on actual or likely patterns of care. It also considered the provisions for making an interim determination under s 51 of the Act, which allows for such a determination if a formal care arrangement has not been complied with and the parent with reduced care has taken reasonable action to enforce it. The Tribunal also had regard to the possibility of a single percentage of care determination under s 51(5) if special circumstances existed. The Applicant provided evidence including a court order, correspondence with police and the Department of Human Services, and school records to support his assertions regarding the care arrangements and the Other Party's alleged failure to comply with the court order.