Oughtred and Oughtred (Child support)

The Full Court of the Family Court of Australia considered an appeal concerning child support assessments. The dispute arose from a decision by the Child Support Registrar to revoke existing percentage of care determinations and make new ones, following a period where court orders regarding the children's care were not complied with. The appellant, Ms Oughtred, argued that the Registrar erred in revoking the existing determinations and making new ones, contending that she had taken reasonable action to maintain the previous care arrangements.

The central legal issues before the Full Court were whether the Registrar had correctly determined that there had been a change to the likely pattern of care, and consequently, whether the existing percentage of care determinations should have been revoked. Further, the Court had to consider whether Ms Oughtred had taken reasonable action to maintain the previous pattern of care, a factor relevant to the Registrar's discretion in making new determinations.

The Full Court reasoned that the Registrar's decision to revoke the existing determinations was based on a finding that the pattern of care had changed. Crucially, the Court found that Ms Oughtred had not taken reasonable action to maintain the previous pattern of care, as required by the relevant legislation. This failure meant that the Registrar was entitled to revoke the existing determinations and make new ones based on the actual pattern of care. The Court therefore set aside the Registrar's decision and substituted it with a new determination reflecting the actual care arrangements.