Hussey and Farrer (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision made by the Registrar of the Child Support Registrar. The appeal was brought by the father, Mr Hussey, against the Registrar's determination of the percentage of care for the parties' child, which had been assessed at 65% for the mother, Ms Farrer. This percentage of care determination was crucial as it directly impacted the child support payable by Mr Hussey.

The primary legal issue before the Court was whether the Registrar had erred in determining the likely pattern of care for the child. Specifically, the Court was required to consider whether the Registrar had properly applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing the future care arrangements, and whether the evidence before the Registrar supported the conclusion reached.

Judge Thomson M found that the Registrar had failed to adequately consider all relevant evidence regarding the likely pattern of care. The Court noted that the Registrar’s decision appeared to be based on an incomplete understanding of the child’s living arrangements and the practicalities of the parents’ respective capacities to care for the child. The Court applied the principles of administrative law, requiring that decisions be based on evidence and that the decision-maker consider all relevant factors. The Court concluded that the Registrar’s decision was not reasonably open on the evidence presented.

The Court set aside the Registrar's decision and substituted its own finding that the percentage of care for the child was 50% for each parent. This substituted decision would result in a recalculation of child support payable by Mr Hussey.