Tollemache and Wodefold (Child support)

The Federal Court, in the matter of *Oldfather and Fountaine (Child Support)*, considered a dispute concerning the application of interim periods for child support care percentage determinations. The case involved a mother and father who had previously been subject to interim periods regarding the care of their older child. The mother sought to have an interim period determined in the present instance, arguing that the conditions stipulated in section 51 of the relevant Act were met.

The central legal issue before the court was the interpretation of paragraph 53(1)(c) of the Act, specifically in circumstances where existing care percentage determinations are revoked under sections 54F or 54H. The court was required to determine whether, following such revocations, section 51, which governs interim periods, remained applicable.

The Federal Court favoured the interpretation that where existing care percentage determinations are revoked under sections 54F or 54H, section 51 is rendered inapplicable. This means an interim period can only apply if it is the initial care percentage determination for a responsible person's care of a particular child, or where existing determinations are revoked under section 54G. Although the Tribunal found that the conditions for an interim period were met in this specific case, it was bound by the Federal Court's interpretation of paragraph 53(1)(c). Consequently, the Tribunal had to consider the actual care that necessitated the revocation of existing percentages under section 54F. The Tribunal concluded that from 26 December 2022, the care percentages were 28% for the mother and 72% for the father. As this conclusion aligned with the Child Support Registrar's review decision, the Tribunal affirmed that decision.