Merrill and Westaway (Child support)

The Administrative Appeals Tribunal considered an appeal by Merrill against a decision of the Child Support Registrar concerning the date of effect of a care percentage decision. Westaway was the other party to the child support proceedings. The core of the dispute revolved around whether Merrill had established "special circumstances" that would permit an objection to the care percentage decision to be made outside the statutory timeframe.

The Tribunal was required to determine whether the Registrar's decision to refuse to backdate the objection was correct. Specifically, the Tribunal had to assess whether Merrill had demonstrated the existence of special circumstances, as contemplated by subsection 87AA(2) of the *Child Support (Registration and Collection) Act 1988* (Cth), which would justify allowing the objection to be lodged and considered retrospectively.

The Tribunal affirmed the Registrar's decision, finding that Merrill had not established any special circumstances that prevented her from objecting to the care percentage decision within the prescribed time. The Tribunal applied the principles governing the interpretation of "special circumstances" in this context, concluding that the evidence presented did not meet the threshold required to excuse the delay. Consequently, the Tribunal found no basis to make a determination under subsection 87AA(2) to allow the objection to be considered as if it had been made within the statutory period.