Didimus and Didimus (Child support)

This decision concerned an application for review by Ms Didimus regarding a child support care percentage decision. The dispute centred on whether there had been a change to the likely pattern of care, leading to the revocation of existing percentage of care determinations and the making of new ones. The matter came before the Tribunal for review.

The primary legal issue before the Tribunal was to determine the date of effect of its decision concerning the care percentage. This was complicated by the fact that Ms Didimus's application for review was lodged more than 28 days after the objections officer's decision. The Tribunal was required to consider whether there were special circumstances that would permit the application to be treated as if it had been lodged within the prescribed time.

The Tribunal applied subsection 95N(1) of the Child Support (Registration and Collection) Act 1988. This provision dictates that if an application for review is made outside the statutory time limits (28 days, or 90 days for residents of reciprocating jurisdictions), and the Tribunal varies or substitutes a decision on a care percentage, the varied or substituted decision takes effect from the date the application for review was made. Ms Didimus failed to provide any reasons for the lateness of her application, despite being informed of the consequences. Consequently, the Tribunal was unable to find that special circumstances existed.

The Tribunal ordered that the date of effect of its decision would be 12 July 2022, being the date Ms Didimus lodged her application for review.