Bostridge and Dansie (Child Support)

This matter concerned an appeal by the applicant, Bostridge, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a review and potential alteration of the existing percentage of care determinations. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Registrar had erred in revoking existing percentage of care determinations and making new ones, specifically in relation to the application of the interim care period provisions. The court was required to determine if the Registrar’s findings regarding the change in the likely pattern of care were supported by the evidence and if the correct legal principles had been applied in reaching that conclusion.

The court found that the Registrar had incorrectly applied the provisions relating to the interim care period. It determined that the evidence did not support the conclusion that there had been a change to the likely pattern of care that would justify revoking the existing determinations and making new ones without regard to the interim care period. Consequently, the court set aside the Registrar's decision and substituted its own determination.