Aizer and Aizer (Child support)

This matter concerned an appeal by the father, Mr Aizer, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute arose from the Registrar's determination that there had been a change to the likely pattern of care, leading to the revocation of existing percentage of care determinations and the making of new ones. The father contended that the Registrar erred in finding a change to the likely pattern of care and in revoking the existing determinations.

The primary legal issue before the court was whether the Registrar had sufficient grounds to revoke the existing percentage of care determinations and make new ones, specifically whether there had been a change to the likely pattern of care within the meaning of the relevant legislation. This involved an examination of the evidence presented regarding the actual care arrangements for the child and whether these arrangements constituted a "change" from the previously determined pattern.

The court found that the Registrar's decision was based on an incorrect assessment of the evidence. While acknowledging that the care arrangements had evolved, the court determined that the increase in the father's care was gradual and did not constitute a significant change that would warrant the revocation of existing determinations. The court applied the principles that a change in the pattern of care must be substantial and not merely a minor fluctuation, and that existing determinations should not be set aside lightly.

Consequently, the court set aside the decision of the Child Support Registrar and substituted it with its own determination, revoking the new percentage of care determinations made by the Registrar and reinstating the previously established percentages.