O’Cawley and Milnes (Child support)

In *O’Cawley and Milnes*, the Administrative Appeals Tribunal (AAT) considered a child support matter concerning the percentage of care and the date of effect of a tribunal decision. The dispute arose from an application for review of a decision made by the Child Support Registrar.

The primary legal issues before the Tribunal were: (1) to determine the likely pattern of care from the commencement of the administrative assessment, and (2) to consider whether special circumstances existed that prevented a timely application for review of the Registrar's decision, thereby allowing the Tribunal to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988*. The Tribunal also had to consider the date of effect provisions in relation to the percentage of care.

The Tribunal found that special circumstances did exist, justifying the late lodgement of the application for review. Applying the principles of child support law, the Tribunal set aside the Registrar's decision regarding the percentage of care. It then substituted its own decision, determining the likely pattern of care from the start of the administrative assessment. The Tribunal also noted that there was no requirement to make a specific determination under the date of effect provisions in this instance.