Noyce and Eales (Child support)

The Administrative Appeals Tribunal considered the dispute between Noyce and Eales concerning the percentages of care for their child. The primary issue was whether to revoke existing determinations of care percentages and make a new determination, particularly in circumstances where both parents had less than 35% care.

The Tribunal was required to determine whether a terminating event had occurred, which would permit a new assessment of care percentages. Specifically, the Tribunal had to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to the revocation of existing care percentage determinations and the making of new ones, especially when neither parent met the threshold for primary care.

The Tribunal affirmed the decision under review, finding that the circumstances did not permit a new determination of care percentages. The reasoning focused on the specific legislative requirements for terminating existing determinations and the conditions under which a new assessment could be made, concluding that these conditions were not met in this instance.