Gagnon and Maddock (Child support)

This matter concerned an appeal by the applicant, Ms. Gagnon, 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 to the likely pattern of care for the child, which would necessitate 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 to determine whether the Registrar erred in refusing to revoke the existing percentage of care determinations and make new determinations. This required the court to assess whether the evidence presented demonstrated a sufficient change in the child's living arrangements to warrant a departure from the established care percentages.

Justice Longo M found that the Registrar had failed to properly consider the evidence of a significant change in the child's pattern of care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, which allow for the revocation and redetermination of care percentages where there has been a material change in the likely pattern of care. The court concluded that the existing determinations were no longer reflective of the reality of the child's living arrangements.

The court ordered that the decision under review be set aside and substituted with a new determination that reflected the changed pattern of care.