Dawson and Loomis (Child support)

This matter concerned an appeal by Dawson against a decision of the Child Support Registrar concerning the percentage of care for the child. The dispute arose because the Registrar had determined that there had been a change to the likely pattern of care, which would affect the child support assessment. Both parents had no care of the child at the time of the Registrar's decision. The appeal was heard by P Jensen M.

The primary legal issue before the court was whether the Registrar had erred in finding that there had been a change to the likely pattern of care for the child. This involved determining whether the evidence supported the conclusion that the care arrangements had altered in a way that would necessitate a variation in the child support assessment.

The court considered the evidence presented regarding the care arrangements for the child. It was found that the Registrar's decision was based on an incorrect assessment of the factual circumstances. The court applied the principles of administrative law, focusing on whether the Registrar's decision was reasonably open on the evidence. The court determined that the Registrar had failed to properly consider the evidence before them, leading to an erroneous conclusion regarding the change in the pattern of care.

The appeal was allowed, and the decision of the Child Support Registrar was varied.