Mirvac and Caster (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Mirvac and Caster concerning child support. The dispute centred on whether either parent qualified as an "eligible carer" for the purposes of child support legislation, given that the child did not reside with either parent and neither parent exercised overall control or responsibility for major decisions concerning the child.

The Tribunal was required to determine whether the child support assessment should terminate. This involved assessing whether either Mirvac or Caster met the definition of an eligible carer under the relevant legislation, specifically in circumstances where the child was not living with either parent and neither parent had the primary responsibility for the child's upbringing.

The Tribunal affirmed the decision under review, finding that neither Mirvac nor Caster was an eligible carer. The reasoning applied was that the statutory definition of an eligible carer requires a parent to have a certain percentage of care or to have overall control and responsibility for major decisions concerning the child. In this instance, despite one parent providing some financial and emotional support, neither parent satisfied these criteria, leading to the conclusion that the child support assessment was no longer applicable.