Anello and Anello (Child support)

The Full Court of the Family Court of Australia considered an appeal by the father, Mr. Anello, against a decision of a Senior Member of the Administrative Appeals Tribunal (AAT). The dispute concerned the percentage of care the father provided for the parties' two children, which directly impacts the child support payable by the mother, Ms. Anello. The AAT had previously revoked existing percentage of care determinations and made new determinations, finding that there had been a change to the likely pattern of care.

The primary legal issue before the Full Court was whether the AAT had erred in law by failing to properly consider the evidence regarding the children's living arrangements and the father's role in their daily care. Specifically, the court had to determine if the AAT had correctly applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) when assessing whether a change in the likely pattern of care had occurred, and if the new percentage of care determinations were justified.

The Full Court found that the AAT had made an error of law by failing to adequately engage with the evidence presented by the father concerning his substantial involvement in the children's lives, including their schooling, medical appointments, and extracurricular activities. The court reiterated that a change in the *likely* pattern of care requires more than a mere temporary fluctuation; it necessitates a demonstrable shift in the established routine and responsibilities. The AAT's decision was found to have been based on an incomplete or misapprehension of the evidence, leading to an incorrect conclusion about the percentage of care.

Consequently, the Full Court set aside the AAT's decision and substituted its own determination. The court found that the father retained a percentage of care that did not meet the threshold for a change in the existing child support assessment, and therefore, the original percentage of care determinations were reinstated.