Rushforth and McCloud (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision made by the Child Support Registrar. The appeal was brought by the applicant, Rushforth, against the respondent, McCloud, concerning the percentage of care attributed to each party for their child. The Registrar had previously made determinations regarding the percentage of care, which the applicant sought to have reviewed and potentially revoked.

The primary legal issue before the AAT was whether there had been a change to the likely pattern of care for the child since the last percentage of care determination was made. The applicant contended that the existing determinations were no longer accurate due to shifts in the child's living arrangements and the practical reality of who was providing the majority of care. The AAT was required to assess the evidence presented to determine if these changes warranted the revocation of existing determinations and the making of new ones.

Member D Cox of the AAT affirmed the decision under review. The Tribunal found that the evidence did not establish a sufficient change in the likely pattern of care to justify revoking the existing percentage of care determinations. Consequently, the AAT upheld the Registrar's original decision, meaning the established percentages of care remained in effect.