Mackall and Mackall (Child support)

This matter concerned an appeal by the father, Mr Mackall, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The father also sought to have a late objection to a decision of the Registrar accepted, arguing special circumstances prevented him from lodging it within the prescribed time.

The primary legal issues before the court were whether the Registrar erred in revoking the existing percentage of care determinations and making new ones, and whether there were special circumstances that warranted accepting the father's objection outside the statutory time limit. The court was required to consider the evidence presented regarding the actual and likely future care arrangements for the child and the reasons for the delay in lodging the objection.

The court found that the evidence did not support a conclusion that there had been a change to the likely pattern of care that would justify revoking the existing determinations. Consequently, the Registrar's decision to revoke and make new determinations was set aside. Regarding the late objection, the court determined that no special circumstances existed that prevented the father from lodging his objection within the required timeframe, and therefore, the objection could not be accepted out of time.