Prickett and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Prickett and the Child Support Registrar concerning a child support assessment. The core of the disagreement revolved around whether there had been a change to the likely pattern of care for the child, which would necessitate a review and potential alteration of the existing percentage of care determinations. The AAT was tasked with determining whether to make new percentage of care determinations under the relevant legislation.

The primary legal issue before the AAT was whether the circumstances warranted a revocation of existing percentage of care determinations and the making of new ones. Specifically, the AAT had to consider the criteria for making such determinations, particularly in light of an alleged change in the child's care arrangements. The tribunal was also required to assess whether it had the power to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988* (Cth) in the circumstances presented.

The AAT found that the existing percentage of care determinations should be revoked and new determinations made. The tribunal reasoned that the evidence demonstrated a significant change in the likely pattern of care for the child, justifying the revocation. In reaching its decision, the AAT applied the principles governing the assessment of care percentages under the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the actual and likely future care arrangements. The AAT determined that it was appropriate to make a new determination under subsection 95N(2) of the Act.

The AAT set aside the previous decision and substituted its own determination, revoking the existing percentage of care determinations and making new ones based on the revised care arrangements.