Kershaw and Fehrman (Child support)

This matter concerned an application for review by Mr Kershaw regarding child support assessments for [Child 1] and [Child 2]. Ms Fehrman was the other party. The dispute centred on the percentage of care each party provided for the children, with Mr Kershaw seeking to have his care percentage recognised as 97 per cent. The decision was made by a Tribunal, presided over by R Ellis SM.

The primary legal issues before the Tribunal were whether there had been a change to the likely pattern of care for the children, and whether Mr Kershaw had established "special circumstances" that would permit a late application for review of a prior decision by the Child Support Agency. The Tribunal was required to determine the date of effect for any revised care percentage determinations.

The Tribunal found that Mr Kershaw's medical condition, fibromyalgia, constituted special circumstances that prevented him from lodging his application for review within the prescribed 28-day timeframe. Consequently, the Tribunal extended this period, deeming his application to have been lodged within time. The Tribunal then set aside the previous decision under review and substituted its own determination, finding that Mr Kershaw provided 97 per cent care and Ms Fehrman provided 3 per cent care of the children from 29 July 2021. The Tribunal also made a determination under subsection 95N(2) of the Child Support (Registration and Collection) Act 1988 to allow the late application for review.