Sherman and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute between Sherman and the Child Support Registrar concerning the percentage of care arrangements for a child. The Registrar had made a decision to revoke existing percentage of care determinations and make new ones, which Sherman sought to challenge.

The primary legal issues before the AAT were whether there had been a change to the likely pattern of care that would justify new percentage of care determinations, and whether special circumstances existed to permit a late application for review of the Registrar's decision. The AAT was also required to determine the date of effect for any revised determinations.

In its reasoning, the AAT applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to the likely pattern of care and the criteria for accepting late applications for review. The Tribunal found that special circumstances did exist, allowing it to proceed with the review despite the delay. The AAT then considered the evidence regarding the actual and likely future care arrangements for the child.

Ultimately, the AAT set aside the Registrar's decision and substituted it with its own determinations regarding the percentage of care. The Tribunal also made a determination under subsection 95N(2) of the Act, specifying the date from which these new arrangements would take effect.