Chan and Gerges (Child support)

The Administrative Appeals Tribunal (AAT) considered an appeal by Chan against a decision of the Registrar of Child Support 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 necessitate a review and potential alteration of the existing percentage of care determinations.

The primary legal issue before the Tribunal was to determine whether the circumstances warranted the revocation of existing percentage of care determinations and the making of new ones. This required the Tribunal to assess whether the evidence established a significant and likely change in the pattern of care for the child, as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Tribunal found that the evidence presented demonstrated a material change in the child's living arrangements and the practical reality of care provided by each parent. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing percentage of care determinations no longer accurately reflected the likely future pattern of care. Consequently, the Tribunal set aside the Registrar's decision and substituted it with new percentage of care determinations.