Smurthwaite and Child Support Registrar (Child support)

This matter concerned an appeal by Smurthwaite against a decision of the Child Support Registrar regarding the percentage of care for a child. The dispute centred on whether there had been a change to the likely pattern of care, which would necessitate a review and potential alteration of existing percentage of care determinations. The appeal was heard by Ms Hamilton-Noy, Member.

The primary legal issue before the Member was to determine whether the evidence presented established a sufficient change in the likely pattern of care to warrant revoking the existing percentage of care determinations and making new ones. This involved assessing the factual circumstances to ascertain if the established care arrangements had materially altered in a way that would impact the child support assessment.

The Member's reasoning focused on the evidence presented regarding the actual and anticipated care arrangements for the child. The Member considered the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care. After reviewing the evidence, the Member concluded that there had been a change to the likely pattern of care. Consequently, the Member set aside the Registrar's decision and substituted it with a new determination reflecting the altered care arrangements.