Hancock and McAlistair (Child support)

This matter concerned an appeal by the applicant, Hancock, against a decision of the Child Support Registrar regarding 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, and whether the percentage of care as originally reported was correct. The appeal was heard by P Jensen M.

The primary legal issue before the court was to determine the correct percentage of care for the child, specifically whether the Registrar’s decision to alter the initially reported percentage was justified. This involved an assessment of the evidence presented regarding the actual and likely future care arrangements for the child.

The court reviewed the evidence and found that the Registrar’s decision to change the percentage of care was not supported by the material before them. The court concluded that the original assessment of the percentage of care was correct and that there had not been a sufficient change in the pattern of care to warrant the alteration made by the Registrar. The court applied the principles governing the assessment of care percentages under the relevant legislation, focusing on the factual circumstances of the child's living arrangements.

The court set aside the decision of the Child Support Registrar and substituted its own finding that the original percentage of care was correct.