Coombes and Bostock (Child support)

This matter concerned an application by the father, Mr Bostock, to have the percentage of care he provided for the child, Child 1, formally determined. The existing care determination was in place, and the father reported a change in care arrangements from 10 October 2022, where his care would be 10%. The mother, Ms Coombes, was the other party. The decision was made by a Senior Member of the Tribunal.

The Tribunal was required to determine whether the reported change in care arrangements necessitated the revocation of the existing care percentage determination and the making of a new one. Specifically, the Tribunal considered whether the conditions for mandatory revocation under sections 54F and 54G of the *Child Support (Registration and Collection) Act 1988* (Cth) were met, and if not, whether discretionary revocation under section 54H of the Act was appropriate.

The Tribunal found that while the father's care percentage of 10% did not alter the cost percentage (remaining within the 'less than regular care' category attracting a 0% cost percentage), the conditions for mandatory revocation were not satisfied. However, the Tribunal determined that section 54H of the Act was applicable. This section allows for discretionary revocation where a new care percentage affects the care percentage but not the cost percentage, provided certain other conditions are met. The Tribunal considered it appropriate to revoke the existing determination in the interests of maintaining accurate Child Support records, noting that the Registrar became aware of the change within 28 days.

The Tribunal set aside the decision under review and substituted it with a new determination. This new determination revoked the existing care percentages on 9 October 2022 and established a new care determination reflecting Mr Bostock having 10% care and Ms Coombes having 90% care of Child 1 from 10 October 2022.