Comerford and Stansby (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Comerford and Stansby concerning the percentage of care arrangements for their child. The primary issue was whether there had been a change to the likely pattern of care that warranted the revocation of existing percentage of care determinations and the making of new ones. The Tribunal also had to determine whether special circumstances existed that prevented the objection from being lodged within the prescribed time.

The legal issues before the Tribunal were twofold: first, whether the evidence supported a finding that the likely pattern of care had changed, justifying a variation in the percentage of care; and second, whether the applicant had established "special circumstances" for the late lodgement of their objection, as contemplated by the relevant date of effect provisions.

The Tribunal affirmed the decision under review, finding that the evidence did not establish a change to the likely pattern of care that would justify altering the existing percentage of care determinations. Furthermore, the Tribunal concluded that no special circumstances were present that would permit the late lodgement of the objection. Consequently, the existing determinations remained in effect.