Mursell and Mursell (Child support)

This matter concerned an appeal by the father, Mr. Mursell, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The Registrar had determined that the father had less than 35% of the care for the child, which would have resulted in the mother receiving child support. The father sought to have this determination set aside and a new assessment made, arguing that the Registrar had erred in finding that there had not been a change to the likely pattern of care.

The primary legal issue before the court was whether the Registrar had correctly applied section 65 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to determine if there had been a change in the likely pattern of care for the child since the last assessment, and if so, whether that change warranted revoking the existing percentage of care determinations and making new ones. The father contended that the Registrar had failed to properly consider evidence of a significant shift in the child's living arrangements.

The court found that the Registrar had erred in their assessment of the evidence. It was held that the Registrar had not given sufficient weight to the father's evidence demonstrating a substantial and ongoing increase in his care of the child. The legal principle applied was that a change in the likely pattern of care, if significant and likely to continue, requires the Registrar to revoke existing determinations and make new ones. The court concluded that the evidence clearly indicated such a change had occurred.

Consequently, the court set aside the decision of the Child Support Registrar and substituted a new determination. The father was found to have more than 35% of the care for the child, meaning no child support was payable by the mother.