Pendell and Pendell (Child support)

This matter concerned an appeal by the applicant, Ms Pendell, against decisions of the Child Support Registrar regarding the percentage of care for the parties' two children. The respondent, Mr Pendell, had applied for a change in the percentage of care, which had been granted by the Registrar. Ms Pendell objected to these decisions, and her objections were also dismissed by the Registrar. The proceedings before the court were an appeal against the Registrar's dismissal of Ms Pendell's objections.

The primary legal issue before the court was whether the Registrar had erred in determining that there had been a change to the likely pattern of care for the children, and consequently, in revoking the existing percentage of care determinations and making new ones. A secondary issue, arising from Ms Pendell's contention that she had not been afforded sufficient opportunity to lodge her objection within the prescribed time, concerned whether there were special circumstances that prevented her from doing so.

The court considered the evidence presented regarding the actual care arrangements for the children and the likely future pattern of care. It applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to the percentage of care. The court found that the Registrar had correctly identified a change in the likely pattern of care and that the new percentage of care determinations were appropriate. However, the court also found that there were special circumstances that prevented Ms Pendell from lodging her objection within the statutory timeframe.

Consequently, the court set aside the Registrar's decision regarding the date of effect of the new percentage of care determinations and substituted an earlier date. The court affirmed the Registrar's decision regarding the percentage of care itself.