Bostick and Bostick (Child support)

This matter concerned an appeal by the applicant, Mr Bostick, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on the likely pattern of care from the commencement of the administrative assessment of child support.

The primary legal issue before the Tribunal was whether the applicant had established "special circumstances" that would permit the late lodgement of an application for review of the Registrar's decision. If special circumstances were found, the Tribunal then had to determine the appropriate percentage of care for the child, considering the likely pattern of care from the start of the administrative assessment.

The Tribunal found that special circumstances did exist, justifying the late lodgement of the review application. In reaching this conclusion, the Tribunal considered the applicant's explanation for the delay and determined that it met the threshold for special circumstances under the relevant legislation. Having accepted the late application, the Tribunal proceeded to make a determination under subsection 95N(2) of the Child Support (Registration and Collection) Act 1988, substituting its own decision for that of the Child Support Registrar regarding the percentage of care.