Halkett and Halkett (Child support)

This matter concerned an appeal by the father, Mr Halkett, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The Registrar had revoked existing percentage of care determinations and made new determinations, which the father contended were incorrect.

The primary legal issue before the court was whether there had been a change in the likely pattern of care for the children, which would justify the revocation of existing determinations and the making of new ones. The court was required to assess the evidence presented regarding the actual care arrangements and determine if they constituted a "change" as contemplated by the relevant legislation.

The court found that the Registrar had erred in revoking the existing percentage of care determinations. It reasoned that the evidence did not demonstrate a significant or lasting change in the pattern of care that would warrant such a revocation. The court applied the principles governing the assessment of percentage of care, emphasising the need for a substantial alteration to the established routine rather than minor or temporary fluctuations. Consequently, the court set aside the Registrar's decision and substituted its own determination regarding the percentage of care.