Saddler and Mitchison (Child support)

The case of *Saddler and Mitchison* concerned a dispute regarding the percentage of care arrangements for a child. The applicants sought to have existing percentage of care determinations revoked and new determinations made. The matter came before the court for review of a decision made by a tribunal.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. A secondary issue arose concerning the tribunal's decision to decline to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988*, in relation to a late application for review, due to a lack of special circumstances preventing the timely lodgement of that application.

The court considered the evidence presented regarding the care arrangements for the child. It was found that the existing percentage of care determinations were no longer accurate due to a change in the likely pattern of care. Consequently, the court determined that the tribunal had erred in its previous decision. The court then proceeded to make new percentage of care determinations. Regarding the late application for review, the court upheld the tribunal's finding that no special circumstances existed to justify accepting the application out of time.

The court ordered that the existing percentage of care determinations be revoked and substituted with new determinations reflecting the changed pattern of care. The tribunal's decision to decline to make a determination under subsection 95N(2) was affirmed.