LJSS and Child Support Registrar (Child support second review)

This matter concerned an appeal to the Federal Court of Australia from a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal. The dispute involved the percentage of care each parent had for their child, N, for the purposes of a child support assessment. The Administrative Appeals Tribunal had affirmed a prior decision that the parents each had 50% care of N from 3 December 2019, effective from 23 June 2020, but had also set aside the original decision under s 87AA(2) of the Child Support (Registration and Collection) Act 1988.

The primary legal issue before the Federal Court was whether the Administrative Appeals Tribunal erred in its determination of the care percentages and in its application of s 87AA(2) of the Child Support (Registration and Collection) Act 1988. The court was required to consider the evidence regarding the pattern of care for the child following the parents' separation, particularly in light of Federal Circuit Court orders made in October 2019, and how this pattern of care was affected by the mother's initial non-compliance with those orders and subsequent compliance.

The court found that the Administrative Appeals Tribunal had not adequately considered the impact of the COVID-19 restrictions on the care arrangements, which was a factor raised by the applicant. Furthermore, the Tribunal's application of s 87AA(2) of the Child Support (Registration and Collection) Act 1988 was found to be flawed. Consequently, the Tribunal's decision was set aside, and the matter was remitted to the Administrative Appeals Tribunal for redetermination.