Luse and Luse (Child support)

The Administrative Appeals Tribunal considered the dispute between the parties, referred to as Luse and Luse, concerning the percentage of care arrangements for their child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The Tribunal was required to determine whether the repealed legislation should apply in relation to the dates of revocation of the existing percentage of care determinations. Specifically, the Tribunal had to ascertain which legislative framework governed the assessment of the change in care arrangements given the timing of the application and the repeal of relevant provisions.

The Tribunal reasoned that the repealed legislation, specifically the *Child Support Legislation Amendment Act 2018* (Cth), which commenced on 1 July 2018, applied to the assessment of the revocation of the percentage of care. The Tribunal found that the application for revocation was made prior to the commencement of the new legislation, and therefore, the repealed provisions governed the determination of the change in the pattern of care. The Tribunal concluded that the decision under review, which had applied the new legislation, was incorrect.

The Tribunal set aside the decision under review and substituted it with its own decision, applying the repealed legislation to determine the percentage of care.