Mabey and Child Support Registrar (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision by the Child Support Registrar concerning percentages of care. The appellant, Mabey, sought to have the existing percentages of care, which determined the child support payable, revoked and substituted with new percentages reflecting a different care arrangement.

The primary legal issue before the Court was whether the Registrar had erred in refusing to revoke the existing percentages of care and in determining that there had been no change to the likely pattern of care. The Court was required to consider the evidence presented regarding the actual and intended future care arrangements for the child and whether these constituted a "change of circumstances" sufficient to warrant a review and alteration of the registered percentages of care.

The Court found that the Registrar’s decision was based on an incorrect assessment of the evidence. His Honour determined that the evidence clearly indicated a significant and ongoing change in the pattern of care, contrary to the Registrar's conclusion. The legal principle applied was that where there is a substantial and ongoing change in the pattern of care, the Registrar is obliged to consider revoking existing percentages and making a new assessment. The Court concluded that the Registrar had failed to properly apply this principle to the facts before him.

The Court set aside the decision of the Child Support Registrar and substituted it with a new decision, revoking the existing percentages of care and making new orders for the percentages of care.