Herbert and Child Support Registrar (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding decisions made by the Child Support Registrar. The primary dispute revolved around whether there had been a change to the likely pattern of care for the child, which would necessitate a revocation of existing percentage of care determinations. The applicant sought to have these determinations revoked, arguing that the care arrangements had altered.

The court was required to determine two key legal issues. Firstly, whether the Registrar erred in refusing to revoke the existing percentage of care determinations on the basis that there had been no change to the likely pattern of care. Secondly, the court considered whether there were special circumstances that prevented the applicant from lodging their application for review within the prescribed time limit, and if so, whether the tribunal should make a determination under subsection 95N(2) of the relevant legislation.

In its reasoning, the court found that the evidence did not support a conclusion that there had been a change to the likely pattern of care. Consequently, the Registrar's refusal to revoke the existing determinations was upheld on that ground. However, the court also determined that special circumstances did exist which justified the late lodgement of the review application. The court therefore set aside the Registrar's decision and substituted its own determination.