LJSS and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before the Administrative Appeals Tribunal (AAT). The dispute centred on the percentage of care each parent had for their child, N, and specifically, the commencement date of a 50:50 care arrangement and the principal care arrangements during the COVID-19 lockdown period in Victoria between March and November 2020. The father contended that the 50:50 care arrangement commenced on 29 November 2019, while the mother asserted it began on 1 February 2020. Furthermore, the mother claimed principal care during the March to November 2020 lockdown, a claim disputed by the father who argued he had principal care during this time.

The legal issues before the Tribunal were to determine the precise date from which the 50:50 care order became effective and to ascertain which parent had principal care of N during the COVID-19 lockdown period from March to November 2020. These determinations were crucial for calculating the child support payable under the relevant legislation.

The Tribunal, on remittal from the Federal Court, was required to re-determine the application. The Federal Court had set aside a previous AAT decision due to an error of law concerning the making of subsequent care determinations without first revoking earlier ones. The Tribunal, guided by the principles established in *Child Support Registrar v BKCZ*, determined that it would conduct a fresh redetermination of the application. This involved considering all material before the Tribunal, including evidence that came into existence or events that occurred after the original decision, up to the time of the redetermination hearing. The Tribunal confirmed it would not be bound by previous findings but would consider the record of the prior hearing and allow parties to present further relevant evidence.