Sabatino and Fahn (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning a decision by the Child Support Registrar. The parties, referred to as Sabatino and Fahn, were involved in a dispute regarding the termination of child support payments. The core of the dispute revolved around whether the respondent parent had ceased to be a resident of Australia and had become a resident of a non-reciprocating jurisdiction, which would trigger the termination of child support obligations under the relevant legislation.

The Tribunal was required to determine whether the Registrar's decision to affirm the termination of child support was correct. Specifically, the Tribunal had to assess whether the respondent had established a new place of residence outside of Australia and whether that new jurisdiction was one with which Australia did not have a reciprocal agreement for the enforcement of child support. This involved a factual and legal analysis of the respondent's residency status and the nature of the jurisdiction to which they had moved.

The Tribunal affirmed the Registrar's decision, finding that the respondent had indeed ceased to be a resident of Australia and had become a resident of a non-reciprocating jurisdiction. The reasoning applied focused on the established legal tests for determining residency, considering factors such as the intention to reside, the physical presence, and the establishment of a home. The Tribunal concluded that the evidence supported the finding that the respondent's departure from Australia was intended to be permanent and that their new place of residence was not subject to a reciprocal agreement with Australia for child support matters.