Malley and Fordham (Child support)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning child support percentages of care. The applicants, Malley and Fordham, sought to alter the established percentages of care for their child, arguing that there had been a change in the likely pattern of care. The AAT was tasked with determining whether the existing percentages accurately reflected the current and future care arrangements for the child.

The primary legal issue before the Tribunal was whether the applicants had demonstrated a sufficient change in the likely pattern of care to warrant a variation of the child support assessment. This involved an assessment of the factual circumstances surrounding the child's living arrangements and the extent to which these arrangements had altered or were likely to alter in the future. A secondary issue arose concerning the late lodgement of the application for review, requiring the Tribunal to consider whether special circumstances existed that justified accepting the application despite its tardiness.

In its reasoning, the Tribunal applied the principles of subsection 95N(2) of the Child Support (Registration and Collection) Act 1988, which governs variations to child support assessments based on changes in the pattern of care. The Tribunal found that the evidence presented did not establish a significant or lasting change in the likely pattern of care that would justify a departure from the existing assessment. Furthermore, the Tribunal determined that the circumstances preventing the timely lodgement of the application did not meet the threshold of "special circumstances" required to excuse the late filing. Consequently, the Tribunal set aside the decision under review and substituted it with a new decision.