McLachlan and McLachlan (Child support)

This matter concerned an application for review of a decision made by the Child Support Registrar regarding the percentage of care arrangements for the parties' child. The applicant, McLachlan, sought to have the existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care. The respondent, also McLachlan, opposed this application. The review was heard by Ms Hamilton-Noy, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the existing percentage of care determinations should be revoked and new ones made, based on an alleged change in the likely pattern of care. A secondary issue arose concerning the date of effect of any revised determinations, specifically whether there were special circumstances that prevented the applicant from lodging their application for review within the prescribed timeframes, or whether the Registrar's decision should be affirmed due to the absence of such special circumstances.

The Member considered the evidence presented regarding the care arrangements for the child. The Tribunal found that the applicant had not demonstrated a sufficient change in the likely pattern of care to warrant the revocation of existing determinations and the making of new ones. Furthermore, the Tribunal determined that no special circumstances existed that prevented the applicant from lodging their application for review in a timely manner. Consequently, the Tribunal declined to make a determination under subsection 95N(2) of the relevant legislation and affirmed the decision under review.