Burns and Child Support Registrar (Child support)

This matter concerned an appeal by the applicant, Burns, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on the likely pattern of care from the commencement of the administrative assessment.

The primary legal issue before the court was to determine the correct percentage of care for the child, considering the evidence presented regarding the actual and intended care arrangements. This involved assessing whether the Registrar's initial determination accurately reflected the child's living arrangements from the relevant date.

The court considered the evidence of both parties concerning the child's residence and the practicalities of the care arrangements. It applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages, focusing on the likely pattern of care from the start of the administrative assessment. The court found that the evidence supported a different percentage of care than that initially determined by the Registrar.

The court varied the decision under review, ordering that the percentage of care be adjusted to reflect the findings made regarding the child's living arrangements.