Oldfather and Fountaine (Child support)

This matter concerned an appeal by the father, Oldfather, against decisions of the Registrar of the Child Support Agency (CSA) to revoke existing percentage of care determinations and make new ones. The dispute centred on whether there had been a change to the likely pattern of care for the child, and whether the Registrar had erred in making new determinations that reflected a different percentage of care than previously established. The father argued that the Registrar's decisions were incorrect and should be overturned. The proceedings were heard by S Trotter SM in the Magistrates' Court.

The primary legal issue before the Court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when revoking the existing percentage of care determinations and making new ones. Specifically, the Court had to determine if there was sufficient evidence to establish a change in the likely pattern of care for the child, and if the Registrar's assessment of that change was reasonable and in accordance with the law. The Court also considered the impact of non-compliance with court orders on the assessment of care.

The Court affirmed the Registrar's decision, finding that there had been a material change in the likely pattern of care for the child. The evidence presented indicated that the mother had been caring for the child for a significantly greater proportion of time than previously determined, and that this change was likely to continue. The Court noted that while court orders regarding care had not been fully complied with, the actual pattern of care that had emerged was a relevant factor in the Registrar's determination. The Registrar had properly considered the evidence of the actual care arrangements when making the new percentage of care determinations.

The appeal was dismissed, and the Registrar's decisions to revoke the existing percentage of care determinations and make new ones were affirmed.