Clements and Norris (Child support)

The Administrative Appeals Tribunal considered the matter of *Clements and Norris*, concerning a dispute over the percentage of care for a child relevant to child support assessments. The applicants sought to have a decision of the Child Support Registrar reviewed.

The Tribunal was required to determine two primary legal issues. Firstly, it needed to ascertain the likely pattern of care from the commencement of the administrative assessment. Secondly, the Tribunal had to consider whether there were special circumstances that prevented the objection from being lodged within the prescribed time limit, and if so, whether those special circumstances existed.

In its reasoning, the Tribunal applied the principles governing the determination of the percentage of care, focusing on the factual circumstances that existed from the relevant assessment date. It also considered the criteria for establishing "special circumstances" that would permit an extension of time for lodging an objection under the relevant legislation. The Tribunal found that special circumstances did indeed exist in this case, justifying the late lodgement of the objection.

Consequently, the Tribunal set aside the decision under review and substituted its own decision.