Shersby and Anson (Child support)

This matter concerned an objection lodged by the father, Shersby, to care percentage decisions made by the Child Support Agency. The dispute centred on the date of effect of any review decision, given that the father's objection was lodged more than 28 days after he received notice of the care percentage decisions. The case was heard by Members K Dordevic and J Cipolla.

The primary legal issue before the tribunal was whether there were "special circumstances" that would permit the late lodgement of the father's objection, thereby allowing the objection to be backdated to the date it was lodged rather than the date of the decision. The tribunal was required to consider the father's assertion that he was not served notice of the decisions and his subsequent explanation for not lodging his objection within the prescribed timeframe.

The tribunal considered subsection 87AA(1) of the Child Support (Registration and Collection) Act 1988, which stipulates that if an objection to a care percentage decision is lodged more than 28 days after notice was served and is allowed, the date of effect of the review decision is the day the objection was lodged. The father did not dispute the lateness of his objection but claimed he was unaware of the decisions as he received no correspondence from the Agency between August 2015 and September 2021. However, the tribunal found that the Agency had sent numerous notices to addresses recorded for the father, some of which were returned by Australia Post. The father's own evidence, supported by the mother's records, confirmed his residential movements during the relevant period, and the tribunal found that the Agency had updated his address details accordingly. The tribunal concluded that no special circumstances existed to justify the late lodgement of the objection.