Mckay and Mooney (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Mckay and Mooney concerning the percentage of care arrangements for their child. The core of the disagreement involved multiple changes to the established pattern of care and the subsequent making of several care decisions by the Registrar. The applicants sought review of these decisions, which had led to the revocation of existing percentage of care determinations and the making of new ones.

The Tribunal was required to determine the correct percentage of care for the child, taking into account the various shifts in the care arrangements. Specifically, it needed to assess the validity and effect of the Registrar's decisions, particularly the third decision which the applicants sought to have set aside and substituted. The central legal issue was the date from which any revised percentage of care determination should take effect, given the fluctuating nature of the care arrangements.

The Tribunal affirmed the Registrar's first two decisions regarding the percentage of care. However, it set aside the third decision, finding that it was not made in accordance with the relevant legislative provisions. The Tribunal substituted its own decision, establishing a new percentage of care arrangement. This substituted decision was made effective from a date that reflected the Tribunal's assessment of the actual care arrangements and the legislative requirements for making such determinations.