Thorby and Verney (Child support)

This matter concerned an appeal by the father, Mr Thorby, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The mother, Ms Verney, was the respondent. The Registrar had revoked existing percentage of care determinations and made new determinations, which the father sought to have set aside.

The primary legal issue before the court was whether there had been a change in the likely pattern of care for the children, such that the Registrar was justified in revoking the existing percentage of care determinations and making new ones. The court was required to consider the evidence presented regarding the actual care arrangements and the likely future arrangements for the children.

The court found that the Registrar had erred in their assessment of the evidence. While there had been some fluctuations in the care arrangements, the court determined that these did not constitute a significant and ongoing change to the *likely* pattern of care as contemplated by the relevant legislation. The court applied the principles that a change in the likely pattern of care must be substantial and enduring, rather than temporary or sporadic, to warrant a revocation of existing determinations.

The appeal was allowed, and the Registrar's decision was varied. The original percentage of care determinations were reinstated.