Davenport and Hoover (Child support)

The Administrative Appeals Tribunal considered the matter of Davenport and Hoover concerning a dispute over the percentage of care for a child. The applicant, Davenport, sought to have the existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care. Hoover was the other party involved in the child support proceedings.

The Tribunal was required to determine whether the existing percentage of care determinations should be revoked and new ones made, specifically addressing whether there had been a change to the likely pattern of care. Additionally, the Tribunal had to consider whether there were special circumstances that prevented the objection from being lodged within the prescribed time, in relation to the date of effect provisions for any new determinations.

In its reasoning, the Tribunal found that the evidence did not establish a sufficient change in the likely pattern of care to warrant revoking the existing determinations. Consequently, the Tribunal determined that it would not make new percentage of care determinations. Furthermore, the Tribunal concluded that no special circumstances existed that would permit the objection to be lodged out of time under subsection 87AA(2) of the relevant legislation.

The Tribunal set aside the decision under review and substituted its own decision. The existing percentage of care determinations were not revoked, and no new determinations were made. The Tribunal also declined to make a determination regarding the late lodgement of the objection.