PCHH and Child Support Registrar (Child support second review)

This matter concerned an objection to a change in care percentage for child support purposes, brought before the Federal Court of Australia. The applicant, PCHH, sought to set aside a decision of the Child Support Registrar that had altered the care percentage, arguing that the Registrar had failed to consider relevant factors, including Federal Court parenting orders and the impact of COVID-19 lockdowns and illness on the care arrangements.

The primary legal issue before the Court was whether the Child Support Registrar had erred in law by failing to adequately consider the "special circumstances" that may have justified a departure from the standard assessment of care. Specifically, the Court had to determine if the Registrar had properly taken into account the existence of Federal Court parenting orders, the practical implications of COVID-19 lockdowns on the children's living arrangements, and the impact of illness on the ability of the parties to adhere to those arrangements when making the decision to change the care percentage.

The Court found that the Registrar had not given sufficient weight to the evidence presented regarding the impact of the COVID-19 pandemic and the resulting lockdowns, which had significantly disrupted the established care arrangements. Furthermore, the Court noted that the Registrar had failed to adequately consider the implications of existing Federal Court parenting orders and the effect of illness on the parties' capacity to comply with those orders. Consequently, the Court concluded that the Registrar's decision was affected by an error of law, as it had not properly considered the special circumstances put forward by the applicant. The Court therefore set aside the Registrar's decision and substituted its own determination regarding the care percentage.