McCaig and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between McCaig and the Child Support Registrar concerning the percentage of care arrangements for a child. McCaig sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the evidence established a change in the likely pattern of care for the child that would warrant revoking the existing percentage of care determinations and making new ones. The Tribunal was required to assess the evidence presented by McCaig against the criteria for varying care arrangements under the relevant legislation.

The Tribunal's reasoning focused on the interpretation of "change to the likely pattern of care" as contemplated by the *Child Support (Registration and Collection) Act 1988*. It applied the principles that a change must be substantial and likely to persist to justify a variation. After reviewing the evidence, the Tribunal found that McCaig had not discharged the onus of proving a sufficient change in the likely pattern of care. Consequently, the Tribunal set aside the decision under review and substituted it with a new decision.