Novak and Novak (Child support)

The matter of *Novak and Novak* concerned a dispute between the parties regarding the percentage of care for their child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made. The court was required to consider whether there had been a change to the likely pattern of care and, if so, whether it was appropriate to consider daytime care in addition to overnight care when making such determinations.

The central legal issue before the court was the correct approach to assessing the percentage of care, specifically whether daytime care should be taken into account alongside overnight care. Furthermore, the court had to determine which legislative framework applied to the assessment, given potential amendments to the law.

The court reasoned that the law prevailing prior to 23 May 2018 applied to the assessment. It was determined that the appropriate consideration for the percentage of care was overnight care only, and that a change to the likely pattern of care had occurred. Consequently, the existing percentage of care determinations were revoked and new determinations were made based on this reasoning. The decision under review was set aside and substituted.