Hunscote and Kearns (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute between Hunscote and Kearns concerning the percentage of care for a child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, alleging a change in the likely pattern of care.

The primary legal issue before the AAT was whether there had been a change to the likely pattern of care for the child that would warrant revoking the existing percentage of care determinations and making new ones. A secondary issue arose regarding the date of effect of a tribunal's decision, specifically whether special circumstances existed to permit a late application for review under subsection 95N(2) of the relevant legislation.

The Tribunal found that the evidence did not establish a change to the likely pattern of care that would justify revoking the existing determinations. Consequently, the Tribunal declined to make new percentage of care determinations. Furthermore, the Tribunal determined that no special circumstances existed that prevented the applicant from lodging their application for review in time, and therefore declined to make a determination under subsection 95N(2) regarding the late application.