Gurung and Gurung (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between the parties, referred to as Gurung and Gurung, concerning the percentage of care for their child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones. This required the Tribunal to assess if there had been a material change in the likely pattern of care for the child since the last determination was made.

The Tribunal's reasoning focused on the interpretation of "change to the likely pattern of care" under the relevant legislation. It applied the principles that a change must be significant and likely to persist to justify altering the established care percentages. After reviewing the evidence presented, the Tribunal concluded that a sufficient change in the likely pattern of care had occurred. Consequently, the Tribunal set aside the previous decision and substituted it with new determinations regarding the percentage of care.