Arnott and Beale (Child support)

This matter concerned an appeal by Arnott and Beale against a decision of the Child Support Registrar concerning the percentage of care for their child. The core of the dispute revolved around the date from which a child support assessment should be varied, specifically whether an objection decision should have retrospective effect.

The primary legal issue before the court was whether the Registrar erred in refusing to make a determination under subsection 87AA(2) of the *Child Support (Registration and Collection) Act 1988* (Cth). This subsection allows for a determination that an objection be taken to have been lodged within time if special circumstances prevented its lodgement within the prescribed period. The court was therefore required to consider what constitutes "special circumstances" in this context and whether the facts presented met that threshold.

The Senior Member, R Ellis SM, affirmed the Registrar's decision. The reasoning focused on the interpretation of "special circumstances" as requiring something beyond mere oversight or forgetfulness. The Member found that the applicants had not demonstrated circumstances that were exceptional or unusual, which prevented them from lodging their objection within the statutory timeframe. Consequently, the court held that the Registrar was correct in refusing to exercise the discretion afforded by subsection 87AA(2), and the objection decision was not to be given retrospective effect.