Cownie and Adshead (Child support)

This matter concerned an appeal by the father, Mr. Cownie, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had previously made a determination that the mother, Ms. Adshead, had 65% of the care of the child, which resulted in the father being liable to pay child support. The father sought a review of this decision, arguing that there had been a change in the likely pattern of care. Following the review, the Registrar revoked the existing percentage of care determinations and made new determinations, finding that the father had 65% of the care and the mother 35%. The father appealed this revised decision to the court.

The primary legal issue before the court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, specifically whether there had been a change to the *likely* pattern of care. This involved an assessment of the evidence presented regarding the actual care arrangements for the child and whether these arrangements constituted a significant and ongoing change from the previously determined pattern. The court was required to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to the determination of care percentages and the circumstances under which such determinations could be revoked and substituted.

The court considered the evidence of the parties and the Registrar's findings. It was noted that the Registrar's decision to revoke the existing determinations and make new ones was based on a finding that the father had been caring for the child for more than 35% of the time, and that this represented a change in the *likely* pattern of care. However, the court found that the Registrar had failed to properly consider the evidence in its entirety and had not adequately addressed the father's submissions regarding the ongoing nature of the care arrangements. The court concluded that the Registrar's decision was not supported by the evidence and that the existing percentage of care determination should have been maintained.

The court set aside the decision of the Child Support Registrar and substituted a new determination that the mother had 65% of the care of the child and the father had 35% of the care.