Fraser and Shackleton (Child support)

The Administrative Appeals Tribunal considered the matter of *Fraser and Shackleton*, concerning a dispute over child support. The applicant, Fraser, sought to object to a child support decision, but the objection was lodged outside the prescribed time limit. The core of the dispute revolved around whether special circumstances existed that would permit the late lodgement of the objection.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant had established "special circumstances" within the meaning of the relevant legislation that would justify accepting an objection lodged after the statutory deadline. Secondly, if special circumstances were not found, the Tribunal had to consider whether to make a determination under subsection 87AA(2) of the *Child Support (Registration and Collection) Act 1988* to allow the objection to be lodged out of time.

In its reasoning, the Tribunal applied the principles governing the interpretation of "special circumstances" in the context of child support objections. It noted that such circumstances must be exceptional and directly relate to the applicant's ability to lodge the objection within the prescribed period. The Tribunal found that the circumstances presented by the applicant did not meet this threshold, as they did not demonstrate a compelling reason for the delay that was beyond the applicant's control. Consequently, the Tribunal refused to make a determination under subsection 87AA(2).

The Tribunal affirmed the decision under review, meaning the objection was not accepted due to being lodged out of time.