Rowley and Rowley (Child support)

This matter concerned an appeal by the father, Mr. Rowley, against a decision of the Administrative Appeals Tribunal (AAT) regarding the percentage of care for the parties' child. The dispute centred on the AAT's determination of the likely pattern of care for the child and the date from which that determination should take effect. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issues before the Court were whether the AAT erred in its assessment of the likely pattern of care, specifically whether it correctly concluded that there had been no change to the pattern of care, and consequently, whether the AAT was correct in refusing to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988* (Cth) regarding the date of effect. The Court also considered whether special circumstances existed that would have prevented the father from lodging his application on time.

The Court analysed the evidence presented regarding the care arrangements for the child and found that the AAT had made an error in its assessment of the likely pattern of care. The Court determined that there had been a change in the pattern of care and that the AAT’s refusal to make a determination under subsection 95N(2) was consequently incorrect. The Court set aside the AAT's decision and substituted its own finding regarding the percentage of care and the date of effect.