P v Child Support Registrar [2012] FCA 1398

P v Child Support Registrar [2012] FCA 1398

The AAT erred in law because, in substance, it gave both the applicant and the second respondent credit in equal measure for the same period and nights during which C was in the physical custody of St Joseph's College. Section 54A(3) of the Child Support (Assessment) Act 1989 (Cth) prohibits treating a child as being in the care of more than one person at the same time. The issue required further factual and evaluative assessment by the AAT as to whether the boarding school period should be attributed to one parent, to the other, or to neither as actual carers, rather than being finally determined by the Court.

Jurisdiction
Australia
Judgment Date
29 November 2012
Procedural Posture
Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) on a Question of Law / Appeal From a Decision of the Administrative Appeals Tribunal Affirming in Substance a Decision of the Social Security Appeals Tribunal
Outcome
Appeal upheld and matter remitted to the Administrative Appeals Tribunal to be further determined according to law, with costs payable by the first respondent to the applicant.
Legal Topics
['error of Law' 'statutory Prohibition' 'percentage of Care' 'actual Care of a Child' 'boarding School Care Arrangements' 'costs for Self Represented Litigant']
['administrative Law' 'child Support' 'family Law'] ['error of Law' 'statutory Prohibition' 'percentage of Care' 'actual Care of a Child' 'boarding School Care Arrangements' 'costs for Self Represented Litigant']

Case Brief

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Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) on a Question of Law / Appeal From a Decision of the Administrative Appeals Tribunal Affirming in Substance a Decision of the Social Security Appeals Tribunal

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal made an error of law by treating both parents as having care of the child in equal measure for the same boarding school nights despite s 54A(3) of the Child Support (Assessment) Act 1989 (Cth).' "Whether the applicant should be credited with care for the whole period the child spent at St Joseph's College because he or his mother paid the boarding school fees and associated costs." 'Whether alleged procedural unfairness in the AAT proceedings affected the decision.' 'Whether the Court should finally determine the percentage of care or remit the matter to the AAT.']

Ratio Decidendi

The AAT erred in law because, in substance, it gave both the applicant and the second respondent credit in equal measure for the same period and nights during which C was in the physical custody of St Joseph's College. Section 54A(3) of the Child Support (Assessment) Act 1989 (Cth) prohibits treating a child as being in the care of more than one person at the same time. The issue required further factual and evaluative assessment by the AAT as to whether the boarding school period should be attributed to one parent, to the other, or to neither as actual carers, rather than being finally determined by the Court.

Court Disposition

Appeal upheld and matter remitted to the Administrative Appeals Tribunal to be further determined according to law, with costs payable by the first respondent to the applicant.

Orders

  • ['The appeal is upheld.' 'The matter is remitted to the Administrative Appeals Tribunal to be further determined according to law.' 'The first respondent is to pay the costs properly incurred by the applicant bearing in mind his status as a self-represented litigant.']