Mcpherson and Hobson (Child support)

This matter concerned a child support dispute between Mr. Mcpherson and Ms. Hobson. Mr. Mcpherson sought a review of a departure determination made by the Child Support Registrar, which had varied both parties' adjusted taxable incomes. The core of the dispute revolved around the period for which the tribunal could make a departure determination, specifically whether it extended beyond 26 July 2016.

The legal issues before the tribunal were whether its jurisdiction extended to making a departure determination for a period beyond 26 July 2016, and whether the terminating event for child support assessment had occurred in July 2016 when the children turned 18. Mr. Mcpherson contended that the review was limited to the period from 21 January 2015 until a terminating event, which he believed occurred in July 2016.

The tribunal considered subsection 12(1) of the Child Support (Registration and Collection) Act 1988, which defines a child support terminating event, and noted that paragraph 12(1)(c) is subject to section 151C. It found that the assessment continued until November 2016 as the children finished school, meaning the terminating event that would otherwise have occurred in July 2016 was affected by section 151C. Citing *Child Support Registrar & Ahern and Anor* [2014] FamCAFC 105, the tribunal affirmed its jurisdiction under section 103T(1) of the Collection Act to make a departure determination that applies to a period beyond 26 July 2016. The tribunal also noted that while Mr. Mcpherson agreed with the decision of 12 September 2016, Ms. Hobson did not, but chose not to appeal. As Ms. Hobson did not object to that decision, the tribunal determined not to disturb it.