Broady and Wagler (Child support)

This matter concerned an appeal by Broady (the applicant) against a decision of the Child Support Registrar (the respondent) regarding 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 warrant a revocation of existing percentage of care determinations and the making of new ones.

The primary legal issue before the court was to determine whether the Registrar's decision to revoke the existing percentage of care determinations and make new ones was justified, specifically whether the Registrar had correctly assessed that there had been a change to the likely pattern of care.

The court considered the evidence presented regarding the care arrangements for the child. It was found that the Registrar had erred in their assessment of the likely pattern of care. The court reasoned that the evidence did not support a conclusion that there had been a significant and ongoing change to the care arrangements that would justify revoking the existing determinations. The legal principle applied was that a change to the likely pattern of care must be substantial and likely to persist to warrant a new determination.

Consequently, the court set aside the decision under review and substituted it with a new determination that the existing percentage of care arrangements should remain in place.