Hurndall and Hurndall (Child support)

The case of *Hurndall and Hurndall* concerned a dispute regarding the percentage of care arrangements for a child. The applicant sought to have existing child support percentage of care determinations revoked and new determinations made. The primary issue before the court was whether there had been a change to the likely pattern of care that would warrant such a revocation and substitution.

The court was required to determine whether the applicant had established a change in the likely pattern of care sufficient to justify altering the existing child support percentage of care. Furthermore, the court had to consider the provisions relating to the date of effect for any new determinations and whether the applicant had demonstrated "special circumstances" that would permit a late application for review under the relevant legislation.

The court found that no special circumstances existed that prevented the application for review from being lodged in time. Consequently, the tribunal declined to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988*. The decision under review was therefore set aside and substituted.