George and Wheatley (Child support)

This matter concerned an appeal by George 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 justify revoking existing percentage of care determinations and making new ones. The appeal was heard by the Federal Circuit 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 a new determination based on a change in the likely pattern of care. Specifically, the court had to consider the evidence presented regarding the actual and intended care arrangements for the child and whether these constituted a sufficient change to warrant a new assessment.

The court found that the Registrar had not properly considered the evidence of the change in the likely pattern of care. The legal principle applied was that a new percentage of care determination can be made if there has been a change in the likely pattern of care of the child. However, the court determined that the Registrar's decision to revoke the existing determinations and make a new one was based on an insufficient assessment of the evidence. The court therefore set aside the Registrar's decision.

The court ordered that the decision under review be set aside and substituted with a new determination. The new determination was to be made effective from the date written notice was given to the relevant party, reflecting the court's finding that the change in care arrangements had occurred and warranted a revised assessment from that point.