Brower and Donelan (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Brower and Donelan concerning child support assessments. The core of the disagreement revolved around the percentage of care each party provided for their child, and whether there had been a change to the likely pattern of care that would warrant new determinations. The applicants sought to have existing percentage of care determinations revoked and new ones made.

The Tribunal was required to determine whether the evidence presented demonstrated a change in the likely pattern of care for the child. Furthermore, the Tribunal had to consider the implications of late applications for review, specifically whether there were "special circumstances" that prevented the applications from being lodged within the prescribed timeframes, and if so, whether to make a determination under subsection 95N(2) of the relevant legislation.

In its reasoning, the Tribunal found that the evidence did not establish a significant or lasting change in the likely pattern of care that would justify revoking the existing determinations. Regarding the late applications, the Tribunal concluded that no special circumstances existed that prevented the timely lodgement of the review applications. Consequently, the Tribunal decided not to exercise its discretion to make a determination under subsection 95N(2). The Tribunal set aside the previous decisions and substituted its own.