Quealy and Haley (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of child support between Quealy and Haley. The dispute concerned the percentage of care arrangements for the child, with the applicant seeking to revoke existing determinations and have new ones made. The AAT was asked to determine whether there had been a change to the likely pattern of care that would justify altering the established child support percentages.

The primary legal issue before the Tribunal was whether the evidence presented demonstrated a sufficient change in the child's likely pattern of care to warrant revoking the existing percentage of care determinations and making new ones. A secondary issue, arising from a late application for review, was whether special circumstances existed that prevented the application from being lodged within the prescribed time, thereby allowing the Tribunal to make a determination under subsection 95N(2) of the relevant legislation.

The Tribunal found that the evidence established a significant and ongoing change in the child's likely pattern of care. This change was sufficient to justify revoking the existing percentage of care determinations. Furthermore, the Tribunal determined that special circumstances did exist, permitting the late lodgement of the review application. Consequently, the Tribunal set aside the previous decision and substituted it with new percentage of care determinations.