Mcbean and Blaisdell (Child support)

This matter concerned an appeal by Mcbean against a decision of the Child Support Registrar concerning the percentage of care for a child. The dispute centred on whether there had been a change to the likely pattern of care, which would necessitate a revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether the Registrar’s decision to revoke the existing percentage of care determinations and make new ones was correct, based on an assessment of the likely pattern of care. Secondly, the Tribunal had to consider the date of effect of its own decision, specifically whether there were special circumstances that prevented the application for review being lodged within the prescribed time.

In relation to the percentage of care, the Tribunal found that the evidence did not establish a change to the likely pattern of care that would warrant a revocation of the existing determinations. Consequently, the Registrar's decision to revoke and remake the determinations was varied. Regarding the date of effect, the Tribunal determined that no special circumstances existed that prevented the timely lodgement of the application for review. Therefore, the date of effect of the Tribunal's decision was the date on which the application for review was lodged.