Child Support Registrar v BKCZ [2023] FCA 1109

Federal Court of Australia

Child Support Registrar v BKCZ [2023] FCA 1109 Appeal from: BKCZ and Child Support Registrar (Child support second review) [2022] AATA 725

File number: QUD 150 of 2022

THOMAS J

Date of judgment: 18 September 2023

Catchwords: ADMINISTRATIVE LAW – percentage care determination – whether the Administrative Appeals Tribunal (AAT) can take into account factors not before original decision maker – temporal element – where there is a divergence in the decision of the AAT – held that the AAT erred in determining that the circumstances of the case justified a "point-in-time approach" – a "point-in-time approach" is contrary to the legislative text of the Child Support (Assessment) Act 1989 (Cth) (Assessment Act) ADMINISTRATIVE LAW – whether the AAT failed to consider or give adequate reasons as to the operation of ss 54G, 54F and 54H of the Assessment Act – whether the AAT failed to make a determination under ss 54G, 54F and 54H of the Assessment Act – whether the AAT failed to determine two percentages of care – whether the AAT deviated from its decision to pursue a "point-in-time approach" – whether the AAT failed to make a material conclusion of law, with reasons, in respect of contentions raised

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Child Support (Assessment) Act 1989 (Cth) Explanatory Memorandum to the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Bill 2010 In the Best Interests of Children – Reforming the Child Support Scheme – Report of the Ministerial Taskforce on Child Support (Australian Government Department of Families, Housing, Community Services and Indigenous Affairs, May 2005)