Kendle and Herson (Child support)

This matter concerned an appeal by Kendle (the applicant) against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. Kendle sought to have the existing percentage of care determination revoked and a new one made, asserting a change in the likely pattern of care. Herson (the respondent) opposed this application. The decision was reviewed by Ms Hamilton-Noy, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether there had been a change in the likely pattern of care for the child that would justify revoking the existing percentage of care determination. Specifically, the Tribunal had to determine if the evidence presented by Kendle established a sufficient alteration to the established care arrangements to warrant a new assessment under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

Ms Hamilton-Noy reasoned that the applicant had failed to demonstrate a significant change to the *likely* pattern of care. The Tribunal considered the evidence presented and concluded that the existing arrangements, which had been previously determined, were likely to continue. Therefore, there was no legal basis to revoke the existing care percentage determinations. The Tribunal found that the Registrar's original decision was not affected by an error of law or fact.

Consequently, the Tribunal set aside the decision under review and substituted its own decision, upholding the existing percentage of care determination.