Penland and Lee (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Penland and Lee concerning the percentage of care for their child. The applicant, Penland, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the circumstances warranted the revocation of existing percentage of care determinations and the making of new ones. This involved determining if there had been a change to the likely pattern of care and, if so, whether special circumstances existed that justified the Tribunal's intervention and the application of new determinations without an interim period.

The Tribunal found that special circumstances did exist, which justified setting aside the existing determinations and substituting them with new ones. The Tribunal's reasoning focused on the practical realities of the care arrangements and the need for the child support assessment to accurately reflect the actual and likely future pattern of care. The Tribunal concluded that no interim period should apply, meaning the new determinations would take effect immediately.