Mullen and Shelby (Child support)

The matter of *Mullen and Shelby* concerned a dispute over the particulars of an administrative assessment of child support. The applicant, Mullen, sought to challenge the assessment, specifically arguing that the respondent, Shelby, had ceased to be a resident of Australia. The decision was made by Magistrate M Martellotta.

The central legal issue before the court was to determine whether Shelby had indeed ceased to be a resident of Australia for the purposes of the child support assessment. This required an examination of the evidence presented regarding Shelby's residency status and the relevant legal criteria for establishing residency under the *Child Support (Registration and Collection) Act 1988*.

Magistrate Martellotta found that Shelby remained a resident of Australia. The reasoning applied focused on the factual circumstances presented, which indicated that Shelby's connection to Australia was such that they had not established a permanent home elsewhere or demonstrated an intention to reside outside of Australia. Consequently, the court affirmed the decision under review, upholding the existing child support assessment.