Rowley and Rowley (Child support)

This matter concerned an appeal by the father, Mr Rowley, against a decision of the Child Support Registrar to revoke an earlier assessment of the percentage of care and make a new assessment. The appeal was heard by Magistrate Baulch.

The primary legal issue before the court was whether the Registrar had erred in revoking the original assessment and making a new one, specifically concerning the determination of the percentage of care attributable to each parent. This involved considering the evidence presented regarding the pattern of care provided by each parent.

Magistrate Baulch reasoned that the Registrar’s decision to revoke the original assessment was not supported by sufficient evidence. The court found that the Registrar had failed to properly consider the established pattern of care and the evidence before them. Consequently, the court determined that the Registrar’s decision was erroneous and ought to be set aside.

The court ordered that the decision of the Child Support Registrar be set aside and substituted with a new determination of the percentage of care.