Daly and Rush (Child support)

The case of *Daly and Rush* concerned a dispute between two parents regarding the percentage of care for their child. The applicant, Ms. Daly, sought to have the existing child support assessment reviewed and altered, arguing that there had been a significant change in the pattern of care. The respondent, Mr. Rush, contested this assertion. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether the Registrar’s decision, which had maintained the existing percentage of care, was correct. Specifically, the court had to determine if there had been a material change in the pattern of care since the last assessment, and whether the respondent parent had made the child available to the applicant parent for the purposes of care.

The court found that the Registrar’s decision was based on an incorrect assessment of the evidence. It was held that the evidence demonstrated a substantial and sustained change in the pattern of care, with the child spending significantly more time with Ms. Daly than previously recorded. Furthermore, the court determined that Mr. Rush had not adequately facilitated the exercise of Ms. Daly's care responsibilities. Consequently, the court set aside the Registrar's decision and substituted its own finding regarding the percentage of care.