Rowell and Child Support Registrar (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The appellant, Rowell, sought to challenge the Registrar's determination of the percentage of care for the parties' child.

The primary legal issue before the Court was whether the Registrar had erred in revoking existing percentage of care determinations and making new ones, thereby altering the established care arrangements. A secondary issue concerned the date of effect of any revised percentage of care determination, particularly in light of the Registrar's refusal to make a determination due to a late application for review.

Her Honour Judge Webb found that the Registrar had not properly considered the evidence regarding the likely pattern of care and had failed to adequately explain the reasons for revoking the existing determinations. The Court applied the principles of administrative law, requiring decisions to be based on relevant considerations and to be logically supported by the evidence. The Court also considered the provisions of the *Child Support (Registration and Collection) Act 1988* concerning the date of effect of determinations when an application for review is lodged out of time, noting that special circumstances were required to permit such a late lodgement.

The Court set aside the decision of the Child Support Registrar and substituted its own determination, finding that the existing percentage of care should be maintained. The Court further ordered that the date of effect of this revised determination be the date the application for review was lodged with the Registrar.