Donelan and Donelan (Child support)

This matter concerned an application by the applicant, Ms Donelan, for review of a decision made by the Child Support Registrar. The dispute centred on the percentage of care arrangements for the parties' child, with Ms Donelan seeking to have an existing percentage of care determination revoked and a new one made.

The primary legal issue before the Tribunal was whether there were special circumstances that prevented Ms Donelan from lodging an objection to the Registrar's decision within the prescribed time limit. If such circumstances were found to exist, the Tribunal would then consider whether to set aside the Registrar's decision and substitute its own determination regarding the percentage of care.

The Tribunal found that Ms Donelan had indeed demonstrated special circumstances that prevented her from lodging her objection within the statutory timeframe. These circumstances related to her mental health and her inability to effectively engage with the objection process. Applying the principles of fairness and the need to ensure that parties have a proper opportunity to be heard, the Tribunal determined that it was appropriate to set aside the Registrar's decision.

Consequently, the Tribunal set aside the decision under review and substituted its own determination, effectively allowing Ms Donelan to proceed with her application to have the percentage of care arrangements reconsidered.