Varley and Folwell (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between the applicants, Varley and Folwell, concerning the percentage of care arrangements for their child. The applicants sought to have existing percentage of care determinations revoked and new determinations made, alleging a change to the likely pattern of care.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child. It also had to consider whether the existing care arrangements had not been complied with and, if so, whether reasonable action had been taken by the non-resident parent to ensure compliance. The Tribunal also had to decide whether to apply an interim period in making its determinations.

In its reasoning, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) regarding changes to the pattern of care. It found that the existing care arrangements had not been complied with and that reasonable action had not been taken by the non-resident parent to ensure compliance. Consequently, the Tribunal determined that the decision under review should be set aside and substituted with new percentage of care determinations, applying an interim period.