Aiello and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of *Aiello and Child Support Registrar*. The dispute concerned the percentage of care arrangements for a child, with the applicant seeking to have existing percentage of care determinations revoked and new ones made. The Registrar had previously made determinations regarding the percentage of care, which the applicant sought to challenge.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child that would warrant new percentage of care determinations. A secondary issue arose concerning the date of effect of any potential tribunal decision, specifically whether there were special circumstances that prevented the applicant from lodging a timely application for review of the Registrar's earlier decision.

The Tribunal found that there was no evidence to support a change in the likely pattern of care that would justify revoking the existing determinations. Regarding the late application for review, the Tribunal determined that no special circumstances existed that prevented the applicant from lodging their application within the prescribed time. Consequently, the Tribunal declined to make a determination under subsection 95N(2) of the relevant legislation.

The Tribunal set aside the Registrar's decision and substituted it with its own. The existing percentage of care determinations were confirmed, and the application for review of the Registrar's earlier decision was not permitted to proceed due to the lack of special circumstances for the late lodgement.