Waering and Shalders (Child support)

This matter concerned an appeal by the applicant, Waering, 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 case was heard by Member R Prasad of the Child Support Special Powers Tribunal.

The primary legal issue before the Tribunal was to determine whether the Registrar had erred in revoking the existing percentage of care determinations and in setting the dates for the application of any new determinations. This required the Tribunal to assess the evidence presented regarding the actual and likely future care arrangements for the child and to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care arrangements.

Member R Prasad affirmed the decision of the Child Support Registrar. The Tribunal found that the evidence supported the Registrar's conclusion that there had been a change to the likely pattern of care for the child. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* which allow for the revocation of existing percentage of care determinations and the making of new ones when there is a significant and ongoing change in the pattern of care. The Tribunal was satisfied that the Registrar had correctly identified the date from which the new pattern of care was likely to commence.