O’Rourke and Forester (Child support)

This matter concerned an appeal by O’Rourke (the applicant) against a decision of the Child Support Registrar (the respondent) regarding the percentage of care for the parties' child. The applicant sought to have the existing percentage of care determination revoked and a new determination made, arguing that there had been a change to the likely pattern of care.

The primary legal issue before the court was whether the Child Support Registrar had erred in refusing to revoke the existing percentage of care determination. Specifically, the court had to determine if there was sufficient evidence of a change to the likely pattern of care that would warrant a new determination under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The court found that the evidence did not demonstrate a change to the likely pattern of care that would justify revoking the existing determination. The registrar’s decision was based on the available information, and the applicant had not presented a case that met the threshold for a change in the established care arrangements. Consequently, the court concluded that the registrar’s decision was not affected by an error of law.

The court ordered that the decision under review be set aside and substituted with a new order. The appeal was allowed, and the matter was remitted to the Child Support Registrar for redetermination in accordance with the court's findings.