Whiberley and Gilagen (Child support)

This matter concerned an appeal by Whiberley against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had made a new assessment of the percentage of care, which Whiberley sought to have set aside.

The primary legal issue before the court was whether the Registrar had erred in revoking existing percentage of care determinations and making a new assessment, particularly in circumstances where there had been no significant change to the established pattern of care. The court was required to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the principles governing the assessment of care percentages.

Member J Thomson found that the Registrar's decision to revoke the existing care determinations and make a new assessment was not supported by the evidence, as there had been no material change in the pattern of care. The court applied the principle that existing care determinations should generally be maintained unless there is a substantial and ongoing change in the care arrangements. Consequently, the court set aside the Registrar's decision and substituted it with an order restoring the previous percentage of care determinations.