RDQD and Child Support Registrar (Child support second review)

This matter concerned an application for a stay of a decision made by the Administrative Appeals Tribunal (AAT) regarding care percentage determinations for child support. The applicant sought to stay the AAT's decision pending the outcome of further review proceedings.

The primary legal issue before the Deputy President was whether to grant a stay of the AAT's decision. This required the Deputy President to consider the prospects of success of the intended appeal, the consequences of refusing the stay, including financial impacts and the public interest, and whether a stay was necessary to preserve the efficacy of the review proceedings.

In reaching his decision, the Deputy President considered the potential adverse effects of the AAT's decision on the parties and third parties, particularly in light of the respondent's position as an educator. He noted that the consequences for the respondent could be mitigated by an early hearing. The Deputy President determined that it was the correct and preferable decision to exercise his discretion to grant a stay of the AAT's decision. The Deputy President ordered that the stay be effective from the date of his decision.