Mother and Child Support Registrar (Child support second review)

This matter concerned a review of a decision by the Child Support Registrar regarding the percentage of care arrangements for children. The Father had lodged an application for review of an objection decision, which was made three days outside the prescribed time limit. The primary issue was whether the Father had established special circumstances to justify an extension of time for his application.

The court was required to determine whether the Administrative Appeals Tribunal (AAT) erred in setting aside the objection decision and substituting new percentage of care determinations without first considering the timeliness of the Father's application for review under section 95N of the *Child Support (Registration and Collection) Act 1988* (Cth). The court also needed to consider the implications of the Father's notification of a further change in care arrangements following the Mother's relocation with the children.

The court found that the AAT had proceeded on the incorrect assumption that the Father's application for review was lodged within time. Consequently, the AAT failed to consider the operation of section 95N of the *Child Support (Registration and Collection) Act 1988* (Cth), which requires the AAT to be satisfied of special circumstances to extend the time for lodging an application. The AAT's decision was therefore set aside. The court then substituted its own decision, revoking the existing percentage of care determinations and making new determinations of 58% to the Mother and 42% to the Father, effective from 9 November 2020.