Ruskin and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the appeal of Ruskin against a decision of the Child Support Registrar concerning the percentage of care arrangements for a child. The core of the dispute revolved around whether there had been a change to the likely pattern of care that would warrant a revocation of existing percentage of care determinations.

The Tribunal was required to determine two primary legal issues. Firstly, whether the Registrar's refusal to revoke the existing percentage of care determinations was correct, specifically considering whether there had been a change to the likely pattern of care. Secondly, the Tribunal had to consider whether there were special circumstances that prevented the appellant from lodging their application for review within the prescribed time limit, and if not, whether to make a determination under subsection 95N(2) of the relevant Act.

In its reasoning, the Tribunal found that there had been no change to the likely pattern of care. Consequently, the Registrar's refusal to revoke the existing percentage of care determinations was upheld. Regarding the timeliness of the review application, the Tribunal determined that no special circumstances existed that would justify accepting the late lodgement. Therefore, the Tribunal set aside the Registrar's decision and substituted its own, refusing to revoke the existing percentage of care determinations and not making a determination under subsection 95N(2) regarding the late application.