Michell and Dudfield (Child support)

This matter concerned an appeal by Mr Michell against a decision of the Child Support Registrar concerning the child support assessment for his child. The dispute centred on whether Ms Dudfield, the child's mother and the payee of child support, had a relevant dependent child in her care for the purposes of the assessment. The decision under review was made by the Child Support Registrar. The appeal was heard by SM Dordevic.

The primary legal issue before the Court was whether the Registrar had erred in determining that Ms Dudfield had a relevant dependent child in her care. This determination was crucial as it impacted the calculation of Mr Michell's child support liability. The Court was required to consider the definition of a "relevant dependent" within the framework of the *Child Support (Registration and Collection) Act 1988* (Cth) and the evidence presented regarding Ms Dudfield's care arrangements.

SM Dordevic found that the Registrar's decision was based on an incorrect understanding of the evidence. The Court determined that Ms Dudfield did not have a relevant dependent child in her care at the time of the assessment. This conclusion was reached after a careful review of the facts, which indicated that the child in question was not primarily residing with Ms Dudfield in a manner that would qualify her as having a relevant dependent. Consequently, the Court set aside the Registrar's decision and substituted its own finding.