Fesperman and Brewster (Child support)

The Federal Circuit Court of Australia considered an appeal concerning child support assessments in the matter of Fesperman and Brewster. The dispute centred on the percentage of care arrangements for the child, with the applicant seeking to alter existing determinations. The primary issue before the court was whether the Administrative Appeals Tribunal (AAT) had erred in its decision regarding the revocation of existing percentage of care determinations and the making of new ones.

The court was required to determine whether the AAT had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when assessing the change in the likely pattern of care. Specifically, the court needed to consider if the AAT had made a reviewable error in revoking the existing determinations and substituting new ones, and whether the date of effect for any revised determination was appropriately considered.

The court found that the AAT had made an error in its assessment of the change in the likely pattern of care. It determined that the existing percentage of care determinations should have been revoked and new determinations made based on the evidence presented. The court also addressed the issue of the date of effect, noting that the tribunal had correctly declined to make a determination under subsection 95N(2) as no special circumstances existed to permit a late application for review. The court set aside the AAT's decision and substituted its own findings.