Thurston and Maidment (Child support)

This matter concerned an appeal by Ms Maidment to the Administrative Appeals Tribunal regarding a child support care percentage decision made by the Registrar. The dispute arose because Ms Maidment lodged her objection to the Registrar's decision outside the prescribed 28-day time limit. Mr Thurston, the other party, also acknowledged being out of time with his objection.

The primary legal issue before the Tribunal was whether there were special circumstances that prevented Ms Maidment from lodging her objection within the statutory time limit, as contemplated by section 87AA(2) of the Child Support (Registration and Collection) Act 1988. If special circumstances were found, the Tribunal would then consider the date of effect of any subsequent review decision.

The Tribunal considered the findings of the Agency, which were not disputed by either party. These findings indicated that Ms Maidment had made numerous contacts with the Agency after the initial decision and that her formal objection was lodged only one day late. Accepting these undisputed findings, the Tribunal determined that special circumstances did exist, excusing the late lodgement. Consequently, the 28-day time limit was treated as extended, and Ms Maidment was deemed to have objected within time to the original decision.