McClellan and Hubbard (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning child support assessments. The applicants, McClellan and Hubbard, sought to challenge existing percentage of care determinations for their children. The core of the dispute revolved around whether there had been a change in the likely pattern of care for the older child, which would warrant a revocation of the current determinations.

The Tribunal was required to determine two primary legal issues. Firstly, whether the existing percentage of care determinations for the children should be revoked due to a change in the likely pattern of care for the older child. Secondly, if a revocation were to occur, the Tribunal needed to consider the date of effect for any new determination, specifically whether there were special circumstances to justify making a determination under section 87AA of the relevant legislation.

The Tribunal found that there had been no material change to the likely pattern of care for the older child. Consequently, it refused to revoke the existing percentage of care determinations. The Tribunal also determined that there were no special circumstances present that would warrant making a determination under section 87AA, and therefore did not make such a determination. The decision under review was set aside and substituted with the Tribunal's findings.