Patrick and Fitzgerald (Child support)

This matter concerned an appeal by Patrick against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The appeal was heard by Magistrate Baulch.

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 and making new percentage of care determinations under the relevant legislation, specifically focusing on whether there had been a change to the likely pattern of care.

Magistrate Baulch reasoned that the Registrar’s decision to revoke the existing determinations and make new ones was not supported by sufficient evidence of a change to the likely pattern of care. The court applied the principles governing the assessment of percentage of care, which require a demonstrable and likely shift in the established care arrangements. The Magistrate found that the evidence did not establish such a change.

Consequently, the court set aside the decision under review and substituted it with a new determination, effectively reinstating the previous percentage of care arrangements.