Caba and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Caba and the Child Support Registrar concerning the percentage of care arrangements for a child. The Registrar had made a decision to revoke existing percentage of care determinations and make new ones, which Caba sought to challenge.

The primary legal issues before the Tribunal were whether there had been a change to the likely pattern of care for the child, and if so, what the date of effect of the Tribunal's decision should be, particularly in light of a late objection. The Tribunal also had to determine whether to set aside and substitute the Registrar's decision.

The Tribunal found that there had been a change to the likely pattern of care. It reasoned that the Registrar's decision to revoke and remake the percentage of care determinations was based on an assessment of this change. The Tribunal applied the principles governing the assessment of percentage of care, considering the evidence presented regarding the child's living arrangements. The Tribunal ultimately set aside the Registrar's decision and substituted its own, making new percentage of care determinations.