Marris and Pether (Child support)

This matter concerned an application by Ms Pether for an extension of time to lodge an objection to a child support decision made by the Registrar. The dispute centred on the Registrar's decision regarding the percentage of care attributed to each parent, which had been notified to Child Support by Ms Pether based on the stated intentions of the children. Mr Marris had subsequently provided calendars of care to Child Support.

The legal issue before the Tribunal was whether there were "special circumstances" that prevented Ms Pether from lodging her objection within the required 28-day timeframe, as contemplated by section 87AA(2) of the Child Support (Registration and Collection) Act 1988 (CSRC Act). If special circumstances were found, the Tribunal then had to consider whether to exercise its discretion to extend the objection period, taking into account potential prejudice to Mr Marris and whether Ms Pether had rested on her rights.

The Tribunal considered Ms Pether's explanation that her initial notification to Child Support was based on the children's expressed intentions, which proved to be a forecast rather than an established pattern of care. This ad hoc arrangement meant she could not provide concrete evidence such as a care calendar or third-party statements to support her notification. While Mr Marris's calendars were considered plausible, Ms Pether could neither confirm nor refute them due to her own lack of record-keeping. The Tribunal noted that the Registrar must first be satisfied that special circumstances exist before exercising discretion to extend the objection period, and that this discretion involves considering prejudice to the other parent and the applicant's diligence in pursuing their rights.

The Tribunal set aside the original decision and substituted it with a new decision, indicating an extension of time was granted.