Speakes and Hawdon (Child support)

This matter concerned an appeal by Speakes 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 primary legal issues before the court were whether the Registrar had erred in determining the percentage of care, and whether there were special circumstances that prevented the objection being lodged within the prescribed time. The court was required to consider the provisions relating to the date of effect of care determinations and the circumstances under which an objection might be accepted out of time.

The court affirmed the Registrar's decision regarding the percentage of care, finding that there had been a change to the likely pattern of care. However, the court set aside the Registrar's decision regarding the date of effect of the objection, finding that no special circumstances existed to permit the objection to be lodged late. The court substituted its own decision for that of the Registrar.