Skotts and Skotts (Child support)

The Administrative Appeals Tribunal (the Tribunal) considered an application by the father, Mr Skotts, concerning the percentage of care for the parties' child. The mother, Ms Skotts, had previously been determined to have 65% of the care, with the father having 35%. The father sought a review of this determination, arguing that there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the existing percentage of care determinations should be revoked and new determinations made, reflecting a change in the likely pattern of care. A secondary issue arose concerning the date of effect of the Tribunal's decision, as the father's application for review was lodged late. The Tribunal was required to determine if special circumstances existed that prevented the application from being lodged within the prescribed time.

The Tribunal found that the evidence did not establish a change to the likely pattern of care that would warrant revoking the existing determinations. Consequently, the Tribunal declined to make new percentage of care determinations. Regarding the late application for review, the Tribunal determined that no special circumstances existed that prevented the father from lodging his application in time, and therefore, the Tribunal declined to make a determination under subsection 95N(2) of the relevant legislation.