Tuckman and Redner (Child support)

The case of *Tuckman and Redner* concerned a dispute over the date of effect of a care decision for the purposes of child support. The applicant, Tuckman, sought to have an objection to a care decision considered by the court, despite lodging it more than 28 days after the decision was made. The respondent, Redner, opposed the late objection. The matter came before the court for review.

The central legal issue before the court was whether there were "special circumstances" that prevented the applicant from lodging their objection within the prescribed 28-day period, as required by section 87AA of the *Child Support (Registration and Collection) Act 1988* (Cth). The court was tasked with determining if the applicant's reasons for the delay met the threshold for special circumstances.

In its reasoning, the court considered the meaning of "special circumstances" in the context of the legislation. The court found that the applicant had not demonstrated any circumstances that were out of the ordinary or exceptional, which would justify excusing the late lodgement of the objection. The court affirmed that the onus was on the applicant to prove the existence of such special circumstances, and this onus had not been discharged. Consequently, the court affirmed the decision under review, which had refused to consider the objection due to its late lodgement.