N & Child Support Registrar & N

This matter concerned an appeal by the Child Support Registrar against a decision of a Senior Member of the Administrative Appeals Tribunal (AAT). The appeal concerned the Registrar's decision to register a child support agreement, which had been entered into by the parties, N and N, on 15 March 2017. The Registrar had registered the agreement on 23 March 2017. The Senior Member of the AAT had subsequently set aside the Registrar's decision to register the agreement.

The primary legal issue before the Federal Court was whether the Senior Member of the AAT erred in law by setting aside the Registrar's decision to register the child support agreement. Specifically, the court was required to consider the interpretation and application of section 80(1)(b) of the *Child Support (Registration and Collection) Act 1988* (Cth), which outlines the grounds upon which a child support agreement may be registered. The Registrar contended that the Senior Member had misinterpreted this provision.

Warnick J found that the Senior Member had erred in law. His Honour held that the Senior Member had incorrectly applied the test for registration under section 80(1)(b), which requires the Registrar to be satisfied that the agreement is a 'limited child support agreement' and that it is in the 'best interests of the child'. The Senior Member had focused on whether the agreement was in the best interests of the child at the time of registration, rather than considering the broader context and the intention of the parties when entering into the agreement. The correct approach, according to His Honour, was to assess whether the agreement, as a whole, was likely to promote the child's welfare.

The appeal was allowed, and the decision of the Senior Member of the AAT was set aside. The matter was remitted to the AAT for redetermination according to law.