Tatro and Brandis (Child support)

This matter concerned an application by the father, Mr Tatro, to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to his two children. The mother, Ms Brandis, opposed the revocation. The application was heard by Ms Hamilton-Noy, a Member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the children since the existing percentage of care determinations were made. The father contended that a change had occurred, justifying the revocation of the current determinations. The mother argued that the pattern of care had not changed in a way that would warrant such revocation.

The Tribunal considered the evidence presented by both parties regarding the children's living arrangements and the practical realities of their care. Ms Hamilton-Noy found that the evidence did not demonstrate a significant or lasting change to the likely pattern of care that would necessitate a revocation of the existing determinations. The Tribunal applied the principles established in the *Child Support (Registration and Collection) Act 1988*, which require a demonstrable change in the pattern of care for a revocation to be granted.

The Tribunal concluded that the father had not established that there had been a change to the likely pattern of care. Accordingly, the decision under review, which had refused to revoke the existing percentage of care determinations, was set aside and substituted with a decision that the applications for revocation be refused.