Elwes and Dickson (Child support)

This matter concerned an appeal by the applicant, Elwes, 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 the revocation of existing percentage of care determinations and the making of new ones. The case was heard by Member J Thomson of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the evidence established a sufficient change in the likely pattern of care for the child to warrant revoking the existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988* (Cth). This involved assessing whether the proposed future care arrangements were likely to persist for a period of at least 12 months, as required by the legislation.

Member J Thomson considered the evidence presented by both parties regarding the proposed care arrangements. The Tribunal applied the principles established in the *Child Support (Registration and Collection) Act 1988*, particularly concerning the definition of a "change in the likely pattern of care" and the evidentiary threshold required to establish such a change. The Tribunal found that the evidence did not demonstrate a sufficiently stable and likely future pattern of care that would justify revoking the existing determinations. Consequently, the Tribunal set aside the decision under review and substituted a new decision.