Forstater and Thwaites (Child support)

The dispute in Forstater and Thwaites concerned the percentage of care arrangements for a child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care. The matter came before the court for review of a decision made by a tribunal.

The primary legal issue before the court was whether the tribunal had erred in its assessment of the percentage of care. Specifically, the court needed to determine if there had been a change to the likely pattern of care that warranted new determinations. A secondary issue related to the tribunal's decision regarding a late application for review, where the tribunal declined to make a determination under subsection 95N(2) of the relevant Act due to a lack of special circumstances preventing the timely lodgement of the application.

The court found that the tribunal had made errors in its assessment of the percentage of care. It determined that the evidence supported a finding that there had been a change to the likely pattern of care. Consequently, the court set aside the tribunal's decision and substituted its own determinations regarding the percentage of care. The court also upheld the tribunal's decision not to extend the time for the review application, finding no special circumstances existed.