Horlacher and Fernsler (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The applicants, Horlacher and Fernsler, sought to challenge the Registrar's decision concerning the percentage of care attributed to each party for the purposes of child support assessment. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the child.

The primary legal issue before the Court was whether the Registrar had erred in finding that there had not been a change to the likely pattern of care that would warrant a reassessment of the percentage of care. This required the Court to consider the evidence presented regarding the actual care arrangements for the child and to determine if these arrangements constituted a "change" as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

Her Honour Magistrate Webb affirmed the decision of the Child Support Registrar. The Court found that the evidence did not establish a significant or sustained change in the pattern of care that would justify altering the existing assessment. The Registrar's original decision was based on a proper consideration of the available information, and the Court saw no reason to interfere with that determination.