O’Hagan and O’Hagan (Child support)

This matter concerned an appeal by the father, Mr O’Hagan, against a decision of the Child Support Registrar concerning the percentage of care for the parties’ child. The dispute centred on whether there had been a change to the likely pattern of care for the child, and consequently, whether the existing percentage of care determinations should be revoked and new ones made. The appeal was heard by Member Y Webb.

The primary legal issue before the court was whether the Child Support Registrar had erred in revoking the existing percentage of care determinations and making new ones, specifically in relation to the date of effect of these new determinations. The court was required to consider whether special circumstances existed that would warrant a determination under subsection 95N(2) of the relevant legislation, and whether the Registrar had properly exercised their discretion in this regard.

Member Y Webb found that the Registrar had not erred in revoking the existing percentage of care determinations and making new ones, as there had been a change to the likely pattern of care. However, the court determined that the Registrar had erred in relation to the date of effect of the new determinations. The court set aside the Registrar's decision and substituted it with a new determination regarding the date of effect, finding that special circumstances did not exist to justify a determination under subsection 95N(2) in the manner the Registrar had initially considered.