Chappel and Odell (Child support)

The Administrative Appeals Tribunal considered a dispute between Chappel and Odell concerning child support. The applicant, Chappel, sought to revoke existing percentage of care determinations, arguing there had been a change to the likely pattern of care for the subject children. Odell opposed this application.

The Tribunal was required to determine two primary issues: first, whether there had been a change to the likely pattern of care for the children that would warrant revoking the existing percentage of care determinations; and second, whether there were special circumstances that would permit a late application for review of a decision regarding the date of effect of a tribunal’s decision.

In relation to the first issue, the Tribunal found that there had been no change to the likely pattern of care for the children. Consequently, the existing percentage of care determinations were not revoked. Regarding the second issue, the Tribunal determined that no special circumstances existed that prevented the applicant from lodging their application for review within the prescribed time. Therefore, the Tribunal declined to make a determination under subsection 95N(2) of the relevant legislation. The decision under review was set aside and substituted with the Tribunal's findings.