Carlisle and Stewart (Child support)

This matter concerned an appeal by Stewart against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. Carlisle had applied for a reassessment of the percentage of care, which resulted in the Registrar revoking existing percentage of care determinations and making new ones. Stewart sought to have these new determinations set aside.

The primary legal issue before the Court was whether there had been a change to the likely pattern of care of the child, which would justify the revocation of existing percentage of care determinations and the making of new ones. A secondary issue related to the date from which any new determinations should take effect, particularly in light of late notification of the change in care.

The Court considered the evidence presented regarding the actual care arrangements for the child. It found that the evidence supported a finding that there had been a change to the likely pattern of care. The Court affirmed the Registrar's decision to revoke the existing determinations and make new ones, applying the principles governing reassessments of percentage of care under the relevant legislation. The Court also addressed the issue of the date of effect, considering the provisions relating to late notification.

The Court affirmed the decision of the Child Support Registrar.