Gerberry and Child Support Registrar (Child Support)

This matter concerned an application for review before the Tribunal, brought by Mr Gerberry against a decision of the Child Support Registrar. The core of the dispute revolved around the percentage of care attributed to Mr Gerberry for his child, which formed the basis of a child support assessment.

The primary legal issue before the Tribunal was to determine the date of effect of its decision, particularly in light of a late application for review. This required the Tribunal to consider whether there were any special circumstances that prevented Mr Gerberry from lodging his application within the prescribed 28-day period, as stipulated by section 95N of the Child Support (Registration and Collection) Act 1988.

The Tribunal reasoned that Mr Gerberry's application for review was lodged significantly outside the statutory timeframe. It found no evidence to suggest that Mr Gerberry was prevented from making his application within the 28 days following the objections officer's decision. Consequently, the Tribunal determined that the date of effect of its decision would be the date on which the application was lodged.

The Tribunal ordered that the date of effect of its decision be 23 February 2021.