Denney and Denney (Child support)

This matter concerned an appeal by the father, Mr Denney, against a decision of the Child Support Registrar to refuse to revoke an existing determination of the percentage of care for the parties' child. The mother, Mrs Denney, was the respondent. The dispute centred on whether there had been a change in the likely pattern of care for the child that would warrant a revocation of the existing assessment.

The primary legal issue before the court was whether the Registrar erred in refusing to revoke the existing determination of the percentage of care. This required the court to consider the criteria for revoking a care determination under the relevant legislation, specifically whether there had been a change in the *likely* pattern of care for the child.

The court found that the Registrar's decision was based on an incorrect interpretation of the legislative provisions. The court reasoned that the Registrar had failed to properly consider the evidence regarding the *likely* future pattern of care, focusing instead on the *actual* pattern of care at the time of the application. The court determined that the evidence indicated a significant and ongoing change in the likely pattern of care, which met the threshold for revocation.

Consequently, the court set aside the decision of the Child Support Registrar and substituted an order revoking the existing determination of the percentage of care.