Knight and Child Support Registrar (Child support)

This matter concerned an appeal by the applicant, Knight, against a decision of the Child Support Registrar. The dispute centred on the percentage of care arrangements for the parties' child, with the Registrar having revoked existing percentage of care determinations and made new ones. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the court was whether the Administrative Appeals Tribunal had erred in law by failing to properly consider the evidence regarding a change to the likely pattern of care for the child. Specifically, the court had to determine if the Tribunal had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when assessing whether a change in the pattern of care had occurred.

The court found that the Tribunal had made an error of law in its assessment of the evidence. It determined that the Tribunal had not adequately considered the evidence presented by the applicant concerning the shift in the child's living arrangements and the implications for the percentage of care. The court applied the principles of administrative law, focusing on the Tribunal's obligation to conduct a fresh review of the evidence and to provide adequate reasons for its findings.

The court set aside the decision of the Administrative Appeals Tribunal and substituted its own decision, remitting the matter for redetermination by the Tribunal in accordance with the court's findings.