Stojanovski and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Stojanovski against a decision of the Administrative Appeals Tribunal (AAT) regarding the determination of his entitlement to Family Tax Benefit (FTB). The dispute centred on the calculation of the care period and the respective percentages of care attributed to Mr Stojanovski and the other party for the child in question, with the AAT having previously determined that the child was not an FTB child of the other party.

The Federal Circuit Court was required to determine whether the AAT had erred in its assessment of the care period and the percentage of care for the purposes of FTB Part A. Specifically, the court had to consider the application of the relevant legislative provisions concerning the determination of care arrangements and whether the AAT had correctly applied the concept of a "pattern of care" in its decision.

The court found that the AAT had made an error in its determination of the care period and the percentage of care. It reasoned that the AAT had failed to properly consider all relevant evidence and had not applied the legislative framework for determining care percentages in a manner consistent with the object of the Family Assistance Act 1997. The court set aside the AAT's decision and substituted its own determination regarding the care period and the respective percentages of care.