Dearth and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Dearth and the Child Support Registrar concerning the percentage of care arrangements for a child. Dearth sought to revoke existing percentage of care determinations, arguing there had been a change to the likely pattern of care. The Registrar had refused to revoke these determinations.

The Tribunal was required to determine two primary issues: first, whether there had been a change to the likely pattern of care that would warrant revoking the existing percentage of care determinations; and second, whether there were special circumstances that prevented Dearth from lodging an objection to a previous decision within the prescribed time.

In relation to the first issue, the Tribunal found that there had been no change to the likely pattern of care. Consequently, the refusal to revoke the existing percentage of care determinations was upheld on this ground. However, regarding the second issue, the Tribunal determined that special circumstances did exist which prevented Dearth from lodging the objection in time. This finding led the Tribunal to set aside the decision under review and substitute its own decision. The Tribunal's decision was that the objection was to be treated as having been lodged in time.