Barker and Manville (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Barker and Manville concerning a dispute over the percentage of care for child support purposes. The applicant, Barker, sought to have the decision under review set aside and substituted, arguing that the initial assessment of the care percentage did not accurately reflect the likely pattern of care from the commencement of the administrative assessment.

The primary legal issue before the Tribunal was to determine the correct percentage of care for the child, which would then dictate the child support payable. This involved assessing the factual circumstances of the care arrangements between the parties from the relevant date of the administrative assessment and applying the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) to ascertain the likely pattern of care.

The Tribunal reviewed the evidence presented by both parties regarding the day-to-day care and responsibilities for the child. It applied the statutory definition of "percentage of care" and considered the likely pattern of care from the start of the administrative assessment, rather than focusing solely on the current arrangements. The Tribunal found that the evidence supported a different percentage of care than that initially assessed. Consequently, the Tribunal set aside the original decision and substituted its own finding on the percentage of care.