Lucey and Lucey (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding a decision made by the Child Support Registrar. The appeal was brought by the father, Mr Lucey, against the mother, Ms Lucey, concerning the determination of the percentage of care for their child.

The primary legal issue before the Court was whether the Registrar had erred in determining the likely future pattern of care for the child, specifically in relation to the father's asserted percentage of care. The father contended that the Registrar’s decision did not adequately consider the evidence presented regarding his involvement and the proposed care arrangements.

The Court affirmed the Registrar's decision, finding that the Registrar had properly considered the evidence and applied the relevant legislative provisions. The Court reiterated that the determination of the likely pattern of care requires an assessment of all relevant circumstances, including the expressed wishes of the parents and the practical realities of the child's living arrangements. The Registrar’s assessment was found to be reasonable and supported by the material before them.