Joyner and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the appeal of Ms. Joyner against a decision of the Child Support Registrar concerning the percentage of care for her child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a revocation of existing percentage of care determinations and the making of new ones. The Registrar had made new determinations, which Ms. Joyner sought to have set aside.

The primary legal issue before the Tribunal was to determine whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, specifically whether there had been a material change in the likely pattern of care for the child. This involved assessing whether the Registrar had properly considered the evidence before them regarding the actual and likely future care arrangements for the child, and whether the conditions for revoking and making new determinations under the relevant legislation had been met.

The Tribunal found that the Registrar had not adequately considered the evidence presented, particularly concerning the compliance with court orders and the reasonable actions taken to enforce those orders. The Tribunal noted that the Registrar’s decision to revoke the existing determinations and make new ones was based on an incomplete understanding of the care arrangements and the legal framework governing such changes. Consequently, the Tribunal set aside the Registrar's decision and substituted it with its own determination, finding that the conditions for revoking the existing percentage of care determinations had not been met.