Gilkeson and Child Support Registrar (Child support)

This matter concerned an appeal by Gilkeson against decisions of the Child Support Registrar to revoke existing percentage of care determinations and make new ones. The dispute arose from a perceived change in the likely pattern of care for the child, which led to the Registrar's intervention. The appeal was heard by Deputy Registrar Lambden and Member Webb of the [Court Name].

The primary legal issues before the court were whether there had been a change to the likely pattern of care for the child, and if so, whether the Registrar had correctly revoked the existing percentage of care determinations and made new ones. The court also considered whether the parent with reduced care had taken reasonable action in response to the change, and the application of an interim period in the context of these determinations.

The court's reasoning focused on the evidence presented regarding the actual care arrangements for the child and the Registrar's assessment of whether these arrangements constituted a "change to the likely pattern of care" as defined by the relevant legislation. The court reviewed the Registrar's decision-making process, including whether court orders regarding care had been complied with and whether the parent's actions in response to a reduction in care were reasonable. The court applied principles relating to the assessment of care percentages and the circumstances under which existing determinations can be revoked and substituted.

The court found that the Registrar's decisions were flawed and set them aside. It substituted its own determinations regarding the percentage of care, effectively overturning the Registrar's previous orders.