Gedson and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Mr. Gedson and the Child Support Registrar concerning the percentage of care attributed to Mr. Gedson for his child. The core of the disagreement revolved around whether there had been a change in the likely pattern of care, specifically whether Mr. Gedson had ceased to have any care of the child. The AAT was tasked with reviewing a decision that had revoked an existing percentage of care determination and made a new one.

The primary legal issue before the Tribunal was to determine if the circumstances warranted a revocation of the existing percentage of care determination and the establishment of a new one, based on the alleged cessation of care by Mr. Gedson. This involved an assessment of the factual evidence presented regarding the actual care arrangements for the child and whether these arrangements constituted a significant change from the previously determined pattern of care.

The Tribunal affirmed the decision under review, finding that the evidence supported a change in the likely pattern of care. The legal principle applied was that where a carer parent no longer has care of a child, the existing percentage of care determination can be revoked and a new determination made to reflect the current reality of the care arrangements. The Tribunal's reasoning was grounded in the factual findings that Mr. Gedson no longer provided care for the child, thus necessitating a revised assessment of the percentage of care.