Bardsley and Mackleston (Child support)

This matter concerned an appeal by the father, Mr. Bardsley, against a decision of the Child Support Registrar to revoke existing percentage of care determinations and make new ones. The dispute centred on whether there had been a change to the likely pattern of care for the child, [child's name], which would justify altering the registered percentages of care. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was to determine whether the Registrar had erred in finding that there had been a change in the likely pattern of care for the child. This required the Court to assess the evidence presented regarding the actual care arrangements for the child and to consider whether these arrangements constituted a "change" as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

The Court reviewed the evidence concerning the care arrangements for the child, including the father's assertions of increased care and the mother's counterarguments. The Court applied the principles established in case law regarding what constitutes a "change" in the likely pattern of care, focusing on whether the new pattern was likely to continue for a significant period. The Court found that the evidence supported a finding that the father's care had increased and was likely to continue, thereby constituting a change in the pattern of care.

Consequently, the Court set aside the decision of the Child Support Registrar and substituted it with a new determination reflecting the altered percentage of care.