Knoller and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Knoller and the Child Support Registrar concerning a dispute over the percentage of care arrangements for a child. The applicant, Knoller, 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 issues before the Tribunal were whether there had been a material change to the likely pattern of care that would warrant revoking the existing determinations and making new ones, and if so, what the date of effect of any new determination should be. The Tribunal also had to consider whether there were special circumstances that would permit an application for review to be lodged out of time, and if not, the implications for the date of effect of its decision.

The Tribunal found that while there had been some fluctuations in the pattern of care, these did not constitute a significant or substantial change that would justify revoking the existing percentage of care determinations. The evidence presented did not demonstrate a consistent or enduring shift in the child's living arrangements that would meet the threshold for a new determination. Furthermore, the Tribunal determined that no special circumstances existed that prevented the applicant from lodging the application for review within the prescribed time limits.

Consequently, the Tribunal refused to make new percentage of care determinations. The date of effect for the Tribunal's decision was therefore the date on which the application for review was lodged.