Brockle and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Brockle and the 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 AAT was asked to determine whether there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the applicant had demonstrated a change in the likely pattern of care that would warrant revoking existing percentage of care determinations and making new ones. Additionally, the Tribunal had to consider the date of effect of its decision, particularly in light of a late application for review and whether special circumstances existed that prevented the application from being lodged within the prescribed time.

The Tribunal found that special circumstances did exist which prevented the application for review from being lodged in time, and therefore decided to make a determination under subsection 95N(2) of the relevant legislation. This enabled the Tribunal to proceed to consider the substantive issue of the percentage of care. The Tribunal ultimately set aside the existing determinations and substituted them with new ones, reflecting the changed pattern of care.