Fairwether and Fairwether (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding child support assessments. The parties, referred to as Fairwether and Fairwether, were in dispute over the percentage of care arrangements for their child. The AAT was tasked with reviewing a decision made by the Child Support Registrar.

The primary legal issues before the AAT were whether there had been a change to the likely pattern of care for the child, and consequently, whether existing percentage of care determinations should be revoked and new ones made. Additionally, the AAT had to consider the date of effect of any revised determinations, particularly in light of a late application for review and the absence of special circumstances justifying the delay.

The Tribunal found that the evidence established a significant change in the likely pattern of care for the child. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the AAT determined that the existing percentage of care determinations were no longer accurate and should be revoked. New determinations were made to reflect the altered care arrangements. Regarding the late application, the AAT concluded that no special circumstances existed that prevented the application for review from being lodged within the prescribed time, and therefore, no determination could be made under subsection 95N(2) of the Act to extend the time for review. The decision under review was set aside and substituted with the AAT's new determinations.