Caple and Child Support Registrar (Child support)

This matter concerned an appeal by Caple against a decision of the Child Support Registrar regarding the percentage of care for a child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a reassessment of the care percentage.

The primary legal issue before the court was to determine whether the Registrar’s decision that there had been no change to the likely pattern of care was correct. This involved an examination of the evidence presented to ascertain if the established care arrangements had been altered in a way that would justify a modification of the registered care percentage.

The court found that the evidence did not support the conclusion that there had been a change to the likely pattern of care. Applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988*, the court determined that the Registrar’s decision was erroneous. Consequently, the court set aside the Registrar’s decision and substituted its own finding that there had been no change to the likely pattern of care.