Seaborn and Kington (Child support)

This matter concerned an appeal by Seaborn and Kington regarding determinations made by the Child Support Registrar concerning the percentage of care for their child. The core of the dispute revolved around the Registrar's decision to revoke existing percentage of care determinations and make new ones, particularly in circumstances where the older child was living out of the home.

The primary legal issue before the Tribunal was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, and whether the new determinations accurately reflected the actual care arrangements for the child. The Tribunal was required to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth) pertaining to the determination of care percentages.

The Tribunal found that the Registrar had not properly considered the evidence before making the decision to revoke the existing determinations. It was held that the Registrar's approach did not adequately account for the ongoing nature of care arrangements and the specific circumstances of the child living out of the home. The Tribunal applied the principles that percentage of care determinations should be based on the factual reality of the care provided and that a revocation and redetermination should only occur where there is a significant change in circumstances or an error in the original assessment. The Tribunal set aside the Registrar's decision and substituted its own determinations regarding the percentage of care.