Vesey and Campling (Child support)

This matter concerned an appeal by the applicant, Vesey, 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 decision under review was made by the Child Support Registrar.

The primary legal issue before the Tribunal was to determine whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. This required the Tribunal to assess whether the evidence presented demonstrated 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).

Ms Hamilton-Noy, Member, considered the evidence regarding the care arrangements for the child. The Tribunal applied the principles governing changes to the likely pattern of care, focusing on whether the observed care arrangements were likely to continue for a period of at least 12 months. The Member found that the evidence supported a conclusion that there had been a significant and likely ongoing change in the pattern of care. Consequently, the Tribunal determined that the Registrar's decision to revoke the existing determinations and make new ones was justified.

The Tribunal set aside the decision under review and substituted it with its own decision, making new percentage of care determinations based on the revised pattern of care.