Tata and Tata (Child support)

This matter concerned an appeal by the applicant, Tata, against a decision of the Social Security Appeals Tribunal (SSAT) concerning child support payments. The dispute centred on the percentage of care attributed to each parent, which directly impacts the child support assessment. The SSAT had previously revoked existing care percentage determinations and made new ones, a decision Tata sought to challenge.

The primary legal issues before the court were whether the SSAT erred in its decision to revoke the existing care percentage determinations and make new ones, and whether the SSAT had correctly refused to extend the time for Tata to lodge an application for review under subsection 95N(2) of the relevant Act. This latter issue involved determining whether "special circumstances" existed that prevented Tata from lodging the application within the prescribed timeframe.

The court considered the evidence presented regarding the pattern of care for the child. It found that the SSAT had not erred in its assessment of the care percentages, as the evidence supported the changes made. Furthermore, the court upheld the SSAT's refusal to grant an extension of time, concluding that Tata had not demonstrated the existence of special circumstances that prevented the timely lodgement of the review application. The court applied the principles governing the assessment of care percentages and the criteria for granting extensions of time in such matters.