Pender and Pender (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding decisions made by the Child Support Registrar. The appellant, Ms. Pender, sought to have the Registrar's decisions reviewed, specifically challenging the Registrar's refusal to make a new percentage of care determination and the Registrar's decision to revoke an existing percentage of care determination and make a new one. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the subject child.

The court was required to determine two primary legal issues. Firstly, whether the Registrar erred in refusing to make a new percentage of care determination based on the evidence presented. Secondly, whether the Registrar erred in revoking the existing percentage of care determination and making a new one, and if so, what the correct percentage of care should be. The court also had to consider the highly disputed nature of the evidence presented by both parties concerning the child's care arrangements.

The court found that the Registrar had erred in both decisions under review. In relation to the refusal to make a new determination, the court determined that the evidence did support a change in the likely pattern of care. Regarding the revocation and substitution of the existing determination, the court concluded that the Registrar had not adequately considered all relevant evidence and had made findings that were not open to them on the material before them. Consequently, the court set aside the Registrar's decisions and substituted its own findings, making a new percentage of care determination.