Parnaby and Whittle (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The appeal was brought by Parnaby (the applicant) against Whittle (the respondent) concerning the Registrar's determination of the percentage of care for the parties' child. The applicant sought to have the percentage of care varied.

The central legal issue before the Court was whether the Child Support Registrar had erred in determining that there had been no change in the likely pattern of care for the child since the last assessment. Specifically, the Court had to consider whether the Registrar correctly applied the principles of section 65 of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing the likely future pattern of care.

Her Honour Judge Webb affirmed the Registrar's decision. The Court found that the evidence did not establish a material change in the likely pattern of care. The applicant had failed to demonstrate that the existing pattern of care, which had been in place for a significant period and was likely to continue, was not the correct basis for the assessment. The Court applied the principle that a change in the likely pattern of care must be substantial and enduring to warrant a variation.

The appeal was dismissed, and the decision of the Child Support Registrar was affirmed.