Isley and Dines (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Isley and Dines concerning the percentage of care for their child. The applicant, Isley, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care. The AAT was required to determine whether the circumstances warranted a revocation of the existing determinations and the making of new ones, specifically considering the alignment of the care arrangements with decisions made regarding family tax benefit.

The Tribunal's reasoning focused on the interpretation and application of the *Child Support (Registration and Collection) Act 1988* (Cth) regarding changes to the pattern of care. The AAT examined the evidence presented to ascertain if a significant and ongoing change in the child's living arrangements had occurred since the last determination. The Tribunal also considered the weight to be given to the family tax benefit care decision as an indicator of the actual care arrangements.

Ultimately, the AAT affirmed the decision under review, finding that the evidence did not establish a sufficient change to the likely pattern of care to warrant the revocation of the existing percentage of care determinations. The Tribunal concluded that the existing arrangements remained reflective of the child's living situation.