Pascoe and Davenport (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Pascoe and Davenport concerning the percentage of care for their child. The core of the disagreement involved a change to the likely pattern of care, leading to the revocation of existing percentages of care determinations and the need for new ones to be established.

The Tribunal was required to determine whether a change to the likely pattern of care had occurred, necessitating a review of the existing percentage of care determinations. Additionally, the AAT had to consider the date of effect for an objection decision, specifically whether special circumstances prevented the lodgement of the objection within the prescribed time.

In its reasoning, the Tribunal found that special circumstances did exist, which justified the late lodgement of the objection. This finding allowed the Tribunal to proceed with determining the new percentages of care. The Tribunal ultimately set aside the previous decision and substituted it with its own determination regarding the percentages of care and the effective date of the objection decision.