Scobie and Brickie (Child support)

This matter concerned an appeal by Scobie (the applicant) against a decision of the Child Support Registrar (the respondent) concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify a revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by R Ellis SM in the Magistrates Court of Tasmania.

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 an assessment of the likely future pattern of care. Specifically, the Court had to determine if the evidence presented supported a finding that there had been a change in the child's living arrangements that would lead to a different percentage of care being applied.

The Court considered the evidence regarding the child's living arrangements and the intentions of the parties. It was found that the Registrar's decision to revoke the existing determinations and make new ones was not supported by sufficient evidence of a change to the *likely* pattern of care. The Court applied the principles that a change in the percentage of care requires a demonstrable shift in the established pattern of care, and that such a change must be likely to continue. The existing arrangements, while perhaps not perfectly equal, represented the established pattern of care.

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.