Bean and Chalkley (Child support)

This matter concerned an appeal by Bean against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had made a determination that the percentage of care provided by Bean had changed, revoking existing determinations and making new ones. Bean sought to have this decision reviewed.

The primary legal issue before the court was whether the Registrar had erred in determining that there had been a change to the likely pattern of care for the child. This involved considering the evidence presented regarding the actual care arrangements and whether they constituted a "change in the likely pattern of care" as defined by the relevant legislation. The court also had to consider the application of the interim period provisions under the Child Support (Registration and Collection) Act 1988.

The court found that the Registrar had misapplied the legislative test for a change in the likely pattern of care. It was held that the evidence did not support a finding that there had been a significant and lasting alteration to the established care arrangements. Consequently, the Registrar's decision to revoke existing determinations and make new ones was found to be erroneous. The court determined that the interim period provisions were not applicable in this instance.

The court set aside the decision of the Child Support Registrar and substituted its own determination, finding that no change in the likely pattern of care had occurred.