The obligation under cl 9.3(1) of Direction No. 55 to make a determination about the best interests of minor children is subject to the relevancy requirement in cl 8(1), and the AAT is not required to make such a determination where the evidence is insufficient due to the operation of s 500(6H), though the dissent suggests this position may be revisited.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
6 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.