Page and Chapman (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding child support assessments. The parties, referred to as Page and Chapman, disputed the percentage of care arrangements for their child. The primary issue was whether there had been a change to the likely pattern of care that warranted the revocation of existing percentage of care determinations and the making of new ones. The court also considered whether court orders regarding care had been complied with, the reasonableness of actions taken by the parties, and the application of an interim period.

The court was required to determine whether the Registrar of the Child Support Agency had erred in revoking existing percentage of care determinations and making new ones, and whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care and the consequences of non-compliance with court orders. The court also had to consider the appropriate application of the interim period provisions.

In its reasoning, the court analysed the evidence presented regarding the actual care arrangements for the child and compared it to the previously determined percentage of care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the assessment of care percentages, including the criteria for revoking existing determinations and making new ones when there is a change in the likely pattern of care. The court found that the Registrar had not properly considered all relevant factors and had made errors in the application of the legislation.

The Federal Circuit Court set aside the decision under review and substituted its own decision, making new percentage of care determinations for the child.