Mitchison and Gregg (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the percentage of care arrangements for a child between the applicants, Mitchison and Gregg. The core of the disagreement revolved around whether there had been a change to the likely pattern of care, which would necessitate a revocation of existing percentage of care determinations and the making of new ones.

The Tribunal was required to determine two primary legal issues. Firstly, whether the evidence presented demonstrated a change in the likely pattern of care for the child. Secondly, the Tribunal had to consider the date of effect for any revised percentage of care determinations, particularly in light of a late application for review and the question of whether special circumstances existed that prevented the timely lodgement of that application.

In its reasoning, the Tribunal found that the evidence did support a change in the likely pattern of care, leading to the revocation of previous determinations and the substitution of new ones. Regarding the late application, the Tribunal determined that special circumstances were indeed present, justifying the exercise of its discretion under subsection 95N(2) of the relevant legislation to proceed with the review despite the delay. The Tribunal ultimately set aside the original decision and substituted its own.