Merton and Braden (Child support)

This matter concerned an appeal by Merton against a decision of the Registrar of the Child Support Agency to accept an application for an administrative assessment of child support. Braden, the respondent, had lodged the application. The central issue was whether the Registrar had erred in accepting the application, given that Merton and Braden were living together in a de facto relationship at the time the application was made.

The court was required to determine whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when accepting Braden's application for an administrative assessment. Specifically, the court had to consider whether the existence of a de facto relationship between the parties at the time of the application precluded the Registrar from accepting it.

The Senior Member found that the Registrar had erred in accepting the application. The Senior Member reasoned that section 24(1)(a) of the *Child Support (Registration and Collection) Act 1988* requires that for an application for an administrative assessment to be accepted, the applicant must not be living with the other parent in a de facto relationship. As Merton and Braden were living together in a de facto relationship at the time the application was lodged, the statutory preconditions for acceptance were not met. Consequently, the decision under review was set aside and substituted with a decision that the application should not have been accepted.