Anstey and Kirk (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision by the Child Support Registrar. The appeal was brought by the applicant, Anstey, against the respondent, Kirk, concerning the percentage of care attributed to each party for their child. The Registrar had previously made a determination regarding the percentage of care, which Anstey sought to have reviewed.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child since the last percentage of care determination was made. This required the Tribunal to assess the evidence presented by both parties regarding the actual care arrangements and to determine if these arrangements constituted a significant and ongoing shift from the previously established pattern.

The Tribunal considered the evidence of both Anstey and Kirk, including their respective submissions and any supporting documentation. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care. The Tribunal found that the evidence demonstrated a material change in the likely pattern of care. Consequently, the Tribunal revoked the existing percentage of care determinations and made new determinations reflecting the changed circumstances. The decision under review was set aside and substituted with the Tribunal's new determinations.