Archer and Child Support Registrar (Child support)

This matter concerned an appeal by Archer against a decision of the Child Support Registrar. The dispute centred on the percentage of care arrangements for a child, with the Registrar having revoked existing percentage of care determinations and made new ones. Archer sought to have these new determinations set aside.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify the Registrar's revocation of existing determinations and the making of new ones. The court was also required to consider the appropriate date of effect for any revised percentage of care determinations.

Member J Bakas found that the Registrar had erred in revoking the existing percentage of care determinations without sufficient evidence of a change to the likely pattern of care. The court applied the principles governing the making and revocation of percentage of care determinations under the relevant legislation, emphasising the need for a demonstrable and likely future change in care arrangements. The decision under review was therefore varied, and the matter was remitted to the Registrar with directions regarding the date of effect for any new determinations.