Broakes and Jonber (Child support)

This matter concerned an appeal by the applicant, Broakes, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The applicant sought to have the Registrar's decision set aside and substituted.

The primary legal issue before the court was whether the Child Support Registrar had erred in its assessment of the percentage of care arrangements. Specifically, the court had to determine if the Registrar correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in revoking the existing determinations and making new ones, and whether the date of effect provisions were appropriately considered. The court also considered whether special circumstances existed to permit a late application for review.

The Senior Member, R Ellis SM, found that the Registrar had made an error in its determination. The Senior Member reasoned that the evidence presented demonstrated a significant and ongoing change in the likely pattern of care for the child, which warranted a reassessment of the percentage of care. The Senior Member applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), particularly concerning the assessment of care arrangements and the circumstances under which existing determinations can be revoked and new ones made. The Senior Member also found that special circumstances existed, allowing the tribunal to make a determination under subsection 95N(2) of the Act.

The Senior Member ordered that the decision under review be set aside and substituted with a new determination of the percentage of care. The new determination was to take effect from the date specified in the Senior Member's reasons.