Foskett and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Foskett and the Child Support Registrar concerning the percentage of care arrangements for a child. The Registrar had made new percentage of care determinations, revoking previous ones, which Foskett sought to have reviewed.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child that would justify the revocation of existing percentage of care determinations and the making of new ones. The Tribunal was required to assess the evidence presented to determine if the factual circumstances supported a modification of the care arrangements as determined by the Registrar.

The Tribunal's reasoning focused on the evidence presented regarding the actual care arrangements for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the assessment of care percentages. After reviewing the evidence, the Tribunal found that the Registrar’s decision to revoke the existing determinations and make new ones was not supported by the evidence of the likely pattern of care. Consequently, the Tribunal set aside the decision under review and substituted its own decision.