Harden and Dorsey (Child support)

This matter concerned an appeal by Harden 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 reassessment of the child support payable. The appeal was heard by Member P Sperling.

The primary legal issue before the court was whether the Registrar had erred in determining that there had been no change to the likely pattern of care for the child. This involved an assessment of the evidence presented regarding the care arrangements and whether those arrangements met the threshold for a change in the percentage of care under the relevant legislation.

Member Sperling's reasoning focused on the evidence of the parties' respective care arrangements. The court found that the evidence did not demonstrate a significant or lasting change to the likely pattern of care that would justify a departure from the existing assessment. Consequently, the Registrar's decision was set aside and substituted with a finding that no change to the percentage of care had occurred.