Lowe and Tait (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Lowe and Tait concerning the percentage of care for a child. The core of the disagreement revolved around whether there had been a change to the existing care arrangements and, if so, when the liable parent was deemed to have notified Child Support of this change. The decision under review was the subject of the Tribunal's examination.

The Tribunal was required to determine two primary legal issues. Firstly, it had to ascertain whether the factual circumstances constituted a change in the percentage of care arrangements for the child. Secondly, if a change was found to have occurred, the Tribunal needed to determine the precise date upon which the liable parent was legally considered to have notified Child Support of this alteration in care.

In reaching its decision, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care arrangements and notification requirements. The Tribunal analysed the evidence presented to assess whether the threshold for a change in care percentage had been met. It then considered the timing and nature of any communication from the liable parent to Child Support to establish the effective date of notification. The Tribunal set aside the original decision and substituted its own findings.