Sumner and Fawcett (Child support)

The matter of *Sumner and Fawcett* concerned a dispute over the percentage of care arrangements for a child. The applicants sought to have existing percentage of care determinations revoked and new determinations made. The case was heard by the Child Support Registrar.

The primary legal issues before the Registrar were whether there had been a change to the likely pattern of care for the child, and if so, whether repealed legislation should apply in relation to the dates of revocation. The Registrar also had to consider whether there were any special circumstances justifying a departure from the usual application of the law.

The Registrar found that there had been a change to the likely pattern of care. In determining the applicable legislation, the Registrar applied the principle that amendments to the *Child Support (Registration and Collection) Act 1988* (Cth) should generally apply prospectively unless the legislation expressly provides for retrospective operation. As there were no special circumstances to warrant a different approach, the Registrar determined that the repealed legislation should not apply to the dates of revocation.

Consequently, the decision under review was set aside and substituted with new percentage of care determinations, with the date of effect of the decision being determined in accordance with section 87AA of the *Child Support (Registration and Collection) Act 1988* (Cth).