Shedd and Wiech (Child support)

This matter concerned an appeal by the applicant, Shedd, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The appeal was heard by Member Kennedy M of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the Registrar’s decision to revoke the existing percentage of care determinations and make new ones was justified. This required the Tribunal to assess whether there had been a change in the likely pattern of care for the child, as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

Member Kennedy M considered the evidence presented regarding the care arrangements for the child. The Tribunal applied the principles established in child support legislation and case law concerning changes to the pattern of care. After reviewing the evidence, the Tribunal found that there had been a significant change in the likely pattern of care for the child. Consequently, the Tribunal concluded that the Registrar’s decision was not supported by the evidence and ought to be set aside.

The Tribunal ordered that the decision under review be set aside and substituted with a new determination that reflected the changed pattern of care.