Crofts and Joannides (Child support)

Crofts and Joannides concerned a dispute regarding the percentage of care arrangements for a child. The applicant, Crofts, sought to have the existing percentage of care determinations revoked, while the respondent, Joannides, sought to have an objection to a percentage of care decision considered as having been lodged in time, arguing special circumstances prevented its timely lodgement. The matter came before the court for review.

The court was required to determine two primary legal issues. Firstly, whether there had been a change to the likely pattern of care that would warrant the revocation of existing percentage of care determinations. Secondly, the court had to consider whether special circumstances existed that would permit Joannides' objection to a percentage of care decision to be lodged outside the prescribed time limit.

In relation to the first issue, the court found that the evidence did not establish a change to the likely pattern of care that would justify revoking the existing percentage of care determinations. Consequently, the decision under review affirming those determinations was affirmed. Regarding the second issue, the court found that special circumstances did exist, allowing the objection to be considered as having been lodged in time. As a result, the decision under review was set aside and substituted with a finding that the objection was lodged in time.