Pardoe and Yeates (Child support)

This matter concerned an appeal by the father, Mr Pardoe, against a decision of the Child Support Registrar to revoke existing percentage of care determinations and make new determinations. The dispute centred on whether there had been a change to the likely pattern of care for the subject child, which would justify the Registrar's decision. The appeal was heard by S Trotter SM in the Magistrates Court.

The primary legal issue before the Court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. This required the Court to consider the criteria for revoking a percentage of care determination under the relevant legislation, specifically whether there had been a change in the likely pattern of care for the child.

The Court found that the Registrar had not been provided with sufficient evidence to establish a change in the likely pattern of care. The evidence presented did not demonstrate a significant or lasting alteration to the care arrangements that would warrant the revocation of the existing determinations. Consequently, the Court determined that the Registrar's decision was not supported by the evidence.

The Court ordered that the appeal be allowed, the decision of the Child Support Registrar be varied, and the existing percentage of care determinations be reinstated.