Starnes and Kinsey (Child Support Registrar)

This matter concerned an objection lodged by Mr Starnes to a care percentage decision made by the Child Support Registrar. The dispute centred on the date of effect of the Registrar's decision to allow Mr Starnes' objection, which had been lodged outside the standard 28-day timeframe. The court was required to determine whether special circumstances existed that would permit an extension of this timeframe and, consequently, an earlier date of effect for the objection decision.

The primary legal issue before the court was the interpretation and application of section 87AA of the Child Support (Registration and Collection) Act 1988. Specifically, the court had to consider whether Mr Starnes was prevented from lodging his objection within the prescribed 28 days by "special circumstances," as contemplated by subsection 87AA(2). The court also had to determine the meaning of "special circumstances" in this context, drawing on established legal principles from similar social security legislation.

The court reasoned that "special circumstances" are those that are unusual, uncommon, or exceptional, distinguishing an applicant's case from the ordinary. It was also noted that the circumstances must have actively prevented the person from lodging the objection within the statutory period. The court referred to guidance within the Child Support Guide, which outlines factors such as serious illness, personal trauma, communication difficulties, or reliance on misleading information as potential examples of special circumstances. The Registrar's discretion to extend the period is then exercised, considering whether such an extension would prejudice the other parent, for instance, by creating significant overpayments or arrears, and whether the applicant had made reasonable efforts to pursue their objection earlier.