Leuty and Siviter (Child support)

This matter concerned an appeal by Leuty (the applicant) against a decision of the Child Support Registrar to revoke existing percentage of care determinations and make new ones, which altered the applicant's care responsibilities for the child. The dispute centred on whether there had been a change to the likely pattern of care for the child, and if so, whether the Registrar had correctly exercised her discretion in revoking and substituting the percentage of care determinations.

The primary legal issue before the court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. This required the court to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care and the Registrar's discretionary powers in such circumstances. Specifically, the court had to determine if the evidence supported a finding that there had been a change to the likely pattern of care, and if that change warranted the revocation and substitution of the existing determinations.

The court found that the Registrar had not been presented with sufficient evidence to establish a change in the likely pattern of care that would justify the revocation of the existing determinations. The Registrar's decision to revoke and substitute the determinations was therefore found to be an error. The court applied the principles that a change in the likely pattern of care must be demonstrated before the Registrar can exercise their discretion to revoke and substitute percentage of care determinations.

The court set aside the decision under review and substituted it with a new determination, effectively reinstating the previous percentage of care arrangements.