Forster and Child Support Registrar (Child support)

This matter concerned an appeal by Forster against a decision of the Child Support Registrar. The dispute centred on whether there had been a change to the likely pattern of care of the child, which would necessitate a review of the existing percentage of care determinations. The appeal was heard by R Ellis SM in the Magistrates Court.

The primary legal issue before the Court was whether the Registrar had erred in refusing to revoke the existing percentage of care determinations. This required the Court to consider the criteria for a change in the likely pattern of care under the relevant legislation and to assess whether the evidence presented supported such a change.

The Court found that the evidence did not demonstrate a change to the likely pattern of care of the child. The Registrar’s decision to refuse to revoke the existing percentage of care determinations was therefore upheld. The Court set aside the decision under review and substituted its own decision.