Bachert and Child Support Registrar (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The appeal was brought by the applicant, Bachert, against the Registrar's determination concerning the percentage of care for the parties' child. The core of the dispute revolved around whether there had been a change to the likely pattern of care, particularly in circumstances where the parents were residing under the same roof. The Registrar had previously revoked existing percentage of care determinations and made new ones, which were the subject of Bachert's appeal.

The primary legal issue before the Court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, specifically in light of the parents' cohabitation. This required the Court to consider the criteria for varying a percentage of care determination under the relevant legislation, particularly when assessing a "change to the likely pattern of care" and the implications of parents living together.

The Court found that the Registrar had erred in their assessment. It was held that the mere fact of parents residing under the same roof did not automatically negate a change in the pattern of care. The Court emphasised that the assessment should focus on the actual care arrangements and the practical reality of who was providing the majority of care for the child, irrespective of the parents' living situation. The Court concluded that the Registrar's decision was not supported by the evidence and that the existing percentage of care determinations should not have been revoked.

The Court set aside the decision of the Child Support Registrar and substituted it with its own determination, effectively reinstating the previous percentage of care arrangements.