Saba and Yarber (Child support)

This matter concerned an appeal by Saba against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care, which led to the revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, and consequently, the date from which any revised percentage of care should take effect. A secondary issue, though not determinative of the primary dispute, related to the circumstances under which an application for review could be lodged out of time, and the date of effect of a tribunal's decision in such circumstances.

The court considered the evidence regarding the pattern of care for the child. It was found that the Registrar had correctly identified a change in the likely pattern of care and had therefore acted within their powers in revoking the existing determinations and making new ones. The court also addressed the Registrar's refusal to make a determination regarding the date of effect of a review application, finding that no special circumstances existed to permit the late lodgement of the application. Consequently, the date of effect of the tribunal's decision was correctly identified as the date the application for review was lodged.

The appeal was dismissed, with the court affirming the Registrar's decision regarding the percentage of care and its date of effect.