Brechin and Brechin (Child support)

This matter concerned an appeal by the father, Mr Brechin, against a decision of the Child Support Registrar concerning the assessment of child support payable for the parties' two children. The dispute centred on the Registrar's decision to refuse an application to change the assessed percentage of care for the children, which had been determined to be 65% for the mother and 35% for the father. The father sought to have this percentage altered.

The primary legal issue before the court was whether the Registrar had erred in refusing the father's application to change the assessed percentage of care. This required the court to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the relevant principles regarding applications to change care percentages, particularly where there had been no significant change to the likely pattern of care.

The court affirmed the Registrar's decision, finding that the father had not demonstrated a change in the likely pattern of care that would warrant a departure from the existing assessment. The legislation requires a material change in the pattern of care for an application to change the percentage of care to be successful. In this instance, the evidence did not establish such a change, and therefore the Registrar's refusal was upheld.