Ottley and Ottley (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between the parties, referred to as Ottley and Ottley, concerning the percentage of care arrangements for their child. The primary issue was whether there had been a change to the likely pattern of care, which would necessitate the revocation of existing percentage of care determinations and the making of new ones. The Tribunal also had to determine the appropriate date of effect for any revised determinations.

The legal issues before the Tribunal were twofold. Firstly, it was required to determine whether the evidence established a change in the likely pattern of care for the child. Secondly, the Tribunal had to consider whether there were any special circumstances that would permit the retrospective application for review to be lodged out of time.

In its reasoning, the Tribunal found that the evidence did not support a significant or lasting change to the established pattern of care. The Tribunal applied the principles governing the assessment of percentage of care, which require a consideration of the likely future pattern of care rather than past arrangements. Regarding the timeliness of the application, the Tribunal determined that no special circumstances existed that would justify accepting the application for review outside the prescribed time limits. Consequently, the Tribunal varied the decision under review.