Rooney and Durant (Child support)

This matter concerned an appeal by Rooney 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 in the pattern of care that warranted a revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by Member J Thomson.

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, based on the evidence presented regarding the pattern of care for the child. This required the court to consider the criteria for revoking and making new percentage of care determinations under the relevant legislation.

Member J Thomson found that the Registrar had not properly considered the evidence of the pattern of care and that the decision to revoke the existing determinations and make new ones was not supported by the evidence. The court applied the principles governing changes in the pattern of care, emphasising the need for a substantial and ongoing change. The court concluded that the Registrar's decision was erroneous.

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