Vences and Whobrey (Child support)

This matter concerned an appeal by Vences against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had revoked existing percentage of care determinations and made new ones, which Vences sought to challenge. The appeal was lodged outside the prescribed time limit, raising the issue of whether special circumstances justified an extension of time.

The primary legal issues before the court were whether the Registrar erred in revoking the existing percentage of care determinations and making new ones, and whether there were special circumstances to permit the late lodgement of the appeal. Vences contended that the Registrar's decision was based on an incorrect assessment of the likely pattern of care and that the change in the percentage of care was not justified.

The court considered the evidence regarding the actual and likely future pattern of care for the child. It found that the Registrar had not adequately considered the existing arrangements and the stability they provided for the child. The court determined that the Registrar's decision to revoke the existing determinations and make new ones was not supported by the evidence and that the change in the percentage of care was not justified. Furthermore, the court found that Vences had established special circumstances for the late lodgement of the appeal, primarily due to a misunderstanding of the appeal process and the time limits involved.

The court set aside the Registrar's decision and substituted it with a new determination reflecting the existing percentage of care. The appeal was allowed, and the time for lodging the appeal was extended.