Estell and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Estell and the Child Support Registrar concerning the percentage of care arrangements for a child. The Registrar had made new percentage of care determinations, revoking existing ones, following a period where court orders regarding care were not complied with. Estell sought review of these new determinations.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child, justifying the revocation of existing percentage of care determinations and the making of new ones. The Tribunal also had to consider whether the Registrar had taken reasonable action in making the new determinations, particularly in light of the non-compliance with prior court orders and the application of an interim period.

The Tribunal reasoned that the Registrar's decision to revoke the existing percentage of care determinations and make new ones was based on a finding that the actual pattern of care had changed from the one previously determined. This change was linked to the non-compliance with court orders, which had led to a different de facto care arrangement. The Tribunal affirmed that the Registrar was empowered to make such determinations when a change in the likely pattern of care occurred, and that the actions taken, including the application of an interim period, were within the scope of the Registrar's powers under the relevant legislation. The Tribunal found that the Registrar had taken reasonable action in revoking the old determinations and making new ones based on the observed and likely future pattern of care.