McFadden and Child Support Registrar (Child support)

This matter concerned an appeal by McFadden against a decision of the Child Support Registrar. The dispute centred on the percentage of care arrangements for the parties' child, with McFadden seeking to revoke existing determinations regarding the likely pattern of care. The appeal was heard by R Ellis SM in the Magistrates Court.

The primary legal issue before the Court was whether there had been a change to the likely pattern of care for the child that would warrant the revocation of the existing percentage of care determinations. The Court was required to assess the evidence presented to determine if the established care arrangements had altered in a way that justified a review and potential modification of the registered percentages.

In reaching its decision, the Court considered the evidence regarding the historical and current care arrangements for the child. It found that no material change had occurred in the likely pattern of care since the previous determinations were made. Consequently, the Court concluded that the Registrar's refusal to revoke the existing percentage of care determinations was not supported by the evidence. The Court therefore set aside the Registrar's decision and substituted its own determination.