Hipkins and Cordray (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding decisions made by the Child Support Registrar. The dispute centred on the percentage of care arrangements for two children, with the appellant, Hipkins, seeking to revoke existing percentage of care determinations and have new ones made. The Registrar had refused to revoke the existing determinations, finding no change to the likely pattern of care. Additionally, the Registrar had considered a late application for review, determining that special circumstances existed which prevented the application from being lodged within the prescribed time.

The primary legal issues before the Court were whether the Registrar erred in finding that there had been no change to the likely pattern of care, and consequently, whether the refusal to revoke the existing percentage of care determinations was correct. The Court was also required to consider the Registrar's decision to accept a late application for review, specifically whether the identified "special circumstances" were sufficient to permit the review under subsection 95N(2) of the relevant legislation.

In reaching its decision, the Court analysed the evidence presented regarding the children's living arrangements and the practical realities of the care provided by each party. The Court applied the principles governing the assessment of a "change to the likely pattern of care" under the *Child Support (Registration and Collection) Act 1988*, emphasising the need for a substantial and ongoing alteration to the established routine. The Court found that the Registrar had correctly identified that no such change had occurred, and therefore, the refusal to revoke the existing determinations was upheld. Regarding the late application, the Court affirmed the Registrar's finding that special circumstances were present, allowing the review to proceed.