Rushforth and Rushforth (Child support)

This matter concerned an appeal by the father, Mr Rushforth, against a decision of the Child Support Registrar regarding the assessment of child support payable by him to the mother, Ms Rushforth. The dispute centred on the Registrar's refusal to depart from the current assessment, which was based on the father having 35% of care for the subject child. The father contended that there had been a significant and substantial change in the pattern of care, justifying a departure from the assessment.

The primary legal issue before the court was whether the Registrar had erred in law by failing to find that the criteria for a departure from the child support assessment, as set out in section 117 of the Child Support (Registration and Collection) Act 1988 (Cth), were met. Specifically, the court had to determine if the Registrar had correctly applied the principles relating to a "change in the pattern of care" and whether the father's asserted increase in care constituted a "substantial and significant change" warranting a departure.

Member Sheck found that the Registrar had made an error in law by not adequately considering the evidence presented by the father regarding the altered care arrangements. The Member noted that the Registrar's decision appeared to have been based on an incomplete understanding of the factual circumstances and the legal test for a departure. The principle applied was that where there is a substantial and significant change in the pattern of care, the Registrar must consider whether to depart from the assessment to ensure the assessment reflects the true level of care provided.

The Member set aside the Registrar's decision and substituted an order that the matter be remitted back to the Child Support Registrar for redetermination, with directions to properly consider the evidence of the changed pattern of care.