Ethington and Rudner (Child support)

This matter concerned an appeal by the father, Ethington, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change in the pattern of care that warranted a review and potential alteration of the existing percentage of care determinations. The appeal was heard by the Federal Circuit and Family Court of Australia.

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, the Court had to determine if the evidence presented supported a finding that there had been a material change in the pattern of care since the last determination, and if so, whether the new determinations accurately reflected the current care arrangements.

The Court reviewed the evidence regarding the child's living arrangements and the practical realities of the care provided by each parent. It applied the principles of the *Child Support (Assessment) Act 1989* (Cth) concerning changes in the pattern of care, which requires a significant and ongoing alteration to the established routine. The Court found that the Registrar's decision to revoke the existing determinations was not supported by sufficient evidence of a material change in the pattern of care. Consequently, the Court set aside the Registrar's decision and substituted its own determination, reinstating the previous percentage of care arrangements.