Vipond and Basford (Child support)

This matter concerned an appeal by the applicant, Vipond, 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 a revocation of existing percentage of care determinations and the making of new ones. The case came before the Administrative Appeals Tribunal (AAT).

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 the correct and preferable decision. This required the Tribunal to assess whether the evidence established 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).

The Tribunal considered the evidence presented regarding the care arrangements for the child. It applied the principles established in child support legislation and case law concerning the assessment of the pattern of care and the threshold for determining a change in that pattern. The Tribunal found that the evidence did not support a conclusion that there had been a change to the likely pattern of care that would warrant the revocation of the existing determinations.

Consequently, the Tribunal set aside the decision under review and substituted it with its own decision, finding that the existing percentage of care determinations should be maintained.