Williams and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Mr. Williams and the Child Support Registrar concerning the determination of the percentage of care for a child. The core of the disagreement lay in establishing the likely future pattern of care and the specific date upon which any change in that pattern occurred.

The Tribunal was required to determine whether the Registrar had erred in its assessment of the percentage of care. Specifically, the AAT had to consider the evidence presented regarding the actual and anticipated living arrangements of the child and whether these arrangements constituted a "change in the pattern of care" as defined by the relevant legislation. The date from which such a change should be recognised was also a key issue.

In reaching its decision, the Tribunal applied the principles governing the assessment of the likely pattern of care under the *Child Support (Registration and Collection) Act 1988* (Cth). The Tribunal found that the evidence demonstrated a clear shift in the child's living arrangements that had already occurred, rather than a prospective change. The Tribunal considered the practical realities of the child's residence and the intentions of the parents.

The Tribunal set aside the decision under review and substituted its own decision, finding that the percentage of care had changed from an earlier date than that determined by the Registrar.