Milligan and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the matter of *Milligan and Child Support Registrar*. The dispute concerned the percentage of care attributed to the applicant, Ms Milligan, for the purposes of a child support assessment. The applicant sought to have the date of effect of the assessment altered due to a late objection, arguing that special circumstances prevented her from lodging the objection within the prescribed timeframe.

The Tribunal was required to determine whether special circumstances existed that justified accepting the late objection. This involved assessing whether the applicant had a reasonable excuse for failing to lodge her objection within the statutory period and whether it was in the interests of justice to grant an extension. The Tribunal also had to consider the likely pattern of care from the commencement of the administrative assessment, particularly in circumstances where the parents were living under the same roof.

The Tribunal found that the applicant had established special circumstances that prevented her from lodging her objection on time. It reasoned that the applicant's personal circumstances, including her mental health and the complexities of her living situation with the other parent, constituted a reasonable excuse for the delay. Applying the principles of fairness and the interests of justice, the Tribunal concluded that it was appropriate to set aside the original decision and substitute a new one.

The Tribunal ordered that the decision under review be set aside and substituted. The date of effect of the child support assessment was adjusted to reflect the Tribunal's findings regarding the percentage of care and the applicant's special circumstances.