Marnham and Penland (Child support)

This matter concerned an application by Mr Marnham for an extension of time to lodge an objection to a care percentage decision made by the Registrar of Child Support. The dispute centred on whether the objection decision should have effect from the date of the original decision, rather than the date the objection was lodged. The case was heard by Member D Tucker.

The legal issues before the Tribunal were whether special circumstances existed that prevented Mr Marnham from lodging his objection within the required timeframe, and if so, whether the Registrar had discretion to allow the objection decision to have effect from the date of the original decision. The Tribunal also considered whether extending the period would prejudice the other parent, Ms Penland, and whether Mr Marnham had rested on his rights by not taking earlier action.

The Tribunal reasoned that Mr Marnham had demonstrated special circumstances because he was unaware of the time limit for lodging an objection and had provided detailed evidence at the earliest opportunity. The Tribunal noted that Ms Penland's initial notification to Child Support was based on the children's stated intentions rather than an established pattern of care, and that the subsequent care arrangements became ad hoc. While Ms Penland could not definitively confirm or refute Mr Marnham's provided calendars due to not keeping her own diary, the Tribunal found Mr Marnham's actions indicated a clear objection and a genuine attempt to address the care percentage decision.

The Tribunal set aside the original decision and substituted it with a new decision, allowing the objection to have effect from the date of the original decision.