Bonsor and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Ms Bonsor and the Child Support Registrar concerning the percentage of care arrangements for a child. Ms Bonsor sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care. The Registrar had made new determinations, which Ms Bonsor sought to have set aside and substituted with her proposed arrangements.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child that warranted a revocation of the existing percentage of care determinations and the making of new ones. A secondary issue arose regarding the date of effect of any new determinations, specifically whether there were special circumstances that prevented Ms Bonsor from lodging her objection within the prescribed time limit.

The Tribunal found that while there had been some fluctuations in the pattern of care, these did not constitute a significant change to the *likely* pattern of care as contemplated by the legislation. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the prospective nature of "likely pattern of care" and the need for a substantial and enduring shift rather than temporary variations. Regarding the timeliness of the objection, the Tribunal determined that no special circumstances existed that prevented Ms Bonsor from lodging her objection within the statutory timeframe.

Consequently, the Tribunal affirmed the Registrar's decision to make new percentage of care determinations, finding that the existing determinations should remain in effect.