Messon and Kregan (Child support)

Messon and Kregan concerned a dispute over child support payments, specifically the percentage of care attributed to each parent. The matter came before the court for review of a decision made by the Child Support Registrar. The core of the disagreement revolved around whether the pattern of care met the threshold for a change in the assessed percentage of care, and the timeliness of notification regarding changes in care arrangements.

The court was required to determine two primary legal issues. Firstly, whether the pattern of care established by the parties constituted "less than regular care" as defined by the relevant legislation, thereby justifying a reassessment of the percentage of care. Secondly, the court had to consider whether there were "special circumstances" that prevented one of the parties from lodging an objection to a decision within the prescribed time limit, and if so, whether the objection decision should be set aside and substituted.

In its reasoning, the court examined the evidence presented regarding the actual care arrangements for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages and the definition of "less than regular care." The court also considered the criteria for establishing "special circumstances" that might excuse a late objection, focusing on whether the delay was attributable to factors beyond the objector's control. The court found that the Registrar's decision regarding the percentage of care was not supported by the evidence of the pattern of care. Furthermore, the court determined that special circumstances did exist which prevented the timely lodgement of an objection.

Consequently, the court varied the decision under review concerning the percentage of care and set aside the Registrar's objection decision, substituting it with its own determination.