Hodnett and Hodnett (Child support)

This matter concerned an application by Mr Hodnett to extend a child support assessment beyond the eighteenth birthday of his child, [Child 1]. The application was heard by P Jensen M.

The central legal issue before the court was whether Mr Hodnett had demonstrated exceptional circumstances to justify a late application to extend the child support assessment beyond the child's eighteenth birthday.

The court found that Mr Hodnett had been informed of the option to lodge such an application by 30 July 2021 but did not post his application until 23 September 2021. While acknowledging postal delays due to COVID-19, the court noted that Mr Hodnett had elected to use standard post and had not pursued alternative methods of application, such as faxing or lodging the application over the phone, prior to the child turning 18. The court concluded that the circumstances, when viewed as a whole, did not constitute exceptional circumstances as required by the relevant legislation.

Consequently, the decision under review, which refused Mr Hodnett's application, was affirmed.