Berger and Samson (Child support)

The case of *Berger and Samson* concerned a dispute over the percentage of care arrangements for two children, [Child 1] and [Child 2]. The applicant, Berger, sought to revoke existing percentage of care determinations made by the Registrar of the Child Support Agency. The matter came before the court for review of the Registrar's decision.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the children, which would justify revoking the existing percentage of care determinations. The court was required to assess the evidence presented by the applicant and determine if it met the threshold for a change in the likely pattern of care.

Justice D’Arcy applied the principles established in the *Child Support (Registration and Collection) Act 1988*, specifically concerning the assessment of a "change in the likely pattern of care." The court found that the evidence presented by the applicant did not demonstrate a sufficient change to the established pattern of care for the children. Consequently, the Registrar's refusal to revoke the existing percentage of care determinations was upheld.

The court set aside the decision under review and substituted its own decision, refusing to revoke the existing percentage of care determinations.