Child Support Registrar v DQFY [2023] FCA 601

Child Support Registrar v DQFY [2023] FCA 601

The Tribunal's brief reasons did not disclose legal error. It was open to the Tribunal to treat 6 July 2018 as the relevant change of care day and to be satisfied that a 40:60 care split applied from 6 July 2018 to 2 June 2020, relying on the father's records, the credibility findings, the father's consistent claim, supporting statements, and the absence of evidence of a later change before 3 June 2020. Any failure to expressly address cost percentage would not be material because the determined percentages necessarily changed the cost percentage. The Tribunal did not make two separate determinations but revoked the July 2018 determination and made a replacement determination covering two...

Jurisdiction
Australia
Judgment Date
07 June 2023
Procedural Posture
Appeal on Questions of Law From an Administrative Appeals Tribunal Second Review Decision Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) / Final Judgment
Outcome
Appeal dismissed.
Legal Topics
['aat Second Review' 'care Percentage Determination' 'change of Care Day' 'percentage of Care' 'cost Percentage' 'jurisdiction and Powers of the Tribunal' 'illogicality or No Evidence']
['administrative Law' 'child Support'] ['aat Second Review' 'care Percentage Determination' 'change of Care Day' 'percentage of Care' 'cost Percentage' 'jurisdiction and Powers of the Tribunal' 'illogicality or No Evidence']

Case Brief

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Procedural Posture

Appeal on Questions of Law From an Administrative Appeals Tribunal Second Review Decision Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) / Final Judgment

Legal Issues

  1. 1 ['Whether the Tribunal misconstrued or misapplied ss 50 and 54F of the Child Support (Assessment) Act 1989 (Cth) in making the first care percentage determination.' "Whether the Tribunal's findings in respect of the first care percentage determination were illogical, irrational, or unsupported by evidence." 'Whether the Tribunal exceeded its jurisdiction or powers on review in making the determination applying from 3 June 2020.']

Ratio Decidendi

The Tribunal's brief reasons did not disclose legal error. It was open to the Tribunal to treat 6 July 2018 as the relevant change of care day and to be satisfied that a 40:60 care split applied from 6 July 2018 to 2 June 2020, relying on the father's records, the credibility findings, the father's consistent claim, supporting statements, and the absence of evidence of a later change before 3 June 2020. Any failure to expressly address cost percentage would not be material because the determined percentages necessarily changed the cost percentage. The Tribunal did not make two separate determinations but revoked the July 2018 determination and made a replacement determination covering two...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal on questions of law is dismissed.']