Jenkins and Mirkin (Child support)

This matter concerned an appeal by the applicant, Jenkins, against a decision of the Child Support Registrar regarding the percentage of care for the child. The respondent was Mirkin. The dispute centred on whether there had been a change in the care arrangements for the child and, if so, the date from which such a change should be recognised for the purposes of child support assessments.

The primary legal issues before the Court were whether the Registrar erred in revoking existing percentage of care determinations and making new determinations, and whether the date of notification of any change in care was correctly applied. Specifically, the Court had to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the notification of changes in care and the Registrar's power to make or revoke determinations.

The Court found that the Registrar had not properly considered the evidence regarding the change in care arrangements and the date of notification. The Court applied the principles of administrative law, requiring the Registrar to act on sufficient evidence and to follow the procedural requirements of the *Child Support (Registration and Collection) Act 1988*. The Court determined that the existing percentage of care determinations should not have been revoked and that the new determinations were made in error.

The Court set aside the decision under review and substituted its own determination, finding that the percentage of care had not changed in a manner that would warrant the revocation of the existing determinations.