Tate and Lowe (Child support)

This matter concerned an appeal by the father, Mr Tate, 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 necessitate a revocation of existing percentage of care determinations and the making of new ones. The Administrative Appeals Tribunal (AAT) had previously made determinations regarding the percentage of care, and the father sought to challenge these.

The primary legal issue before the court was whether the AAT had erred in its assessment of the percentage of care. Specifically, the court had to determine if the AAT had correctly identified and applied the relevant legislative provisions concerning changes to the likely pattern of care. A secondary issue, though not central to the final determination, related to the date of effect of the AAT's decision, particularly whether special circumstances existed that would have permitted a late lodgement of a review application.

The court found that the AAT had made an error in its assessment of the percentage of care. It reasoned that the AAT had not adequately considered the evidence regarding the actual and likely future care arrangements for the child. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the definition of "change in the likely pattern of care" and the factors to be considered when making or revoking percentage of care determinations. The court determined that the existing percentage of care determinations should be revoked and new determinations made based on its own assessment of the evidence.

The court set aside the AAT's decision and substituted its own determinations regarding the percentage of care.