Hinchcliffe and Hinchcliffe (Child support)

This matter concerned an appeal by the father, Mr Hinchcliffe, 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 a review and potential alteration of the existing percentage of care determinations. 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 new determinations. This required the Court to consider the criteria for revoking existing determinations and making new ones under the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to assess whether the evidence supported a finding that there had been a change in the likely pattern of care for the child.

The Court found that the Registrar had not properly considered the evidence regarding the likely pattern of care. The existing determinations were based on a specific pattern of care, and for new determinations to be made, there needed to be a demonstrable change to that pattern. The Court determined that the evidence presented did not establish a sufficient change to warrant the revocation of the existing percentage of care determinations.

Consequently, the Court set aside the decision of the Child Support Registrar and substituted it with its own determination, reinstating the previous percentage of care arrangements.